Details
Whether you represent a landlord wanting to possess a property or a tenant trying to prevent this happening, Residential Possession Proceedings:
- Complements your workflow with its step-by-step approach and logical structure
- Considers all the different types of tenancies and different housing situations so you can represent every type of residential client with confidence
- Covers the latest legislative changes – such as demoted tenancies, Commonhold and Leasehold Reform Act and new Civil Procedure Rules
- Gives you swift access to all relevant materials in one book, with statutory extracts
- Summarises key information in list form, providing a useful aide-memoire for new and experienced practitioners alike
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Discusses the impact of recent case law including McCann v. UK (ECHR), Lewisham v. Malcolm(discrimination) and R (Weaver) v. London and Quadrant Housing Trust (housing associations)
- Contains extended coverage of rent arrears protocol and mortgage arrears protocol
- Provides you with the tools for each stage of proceedings, including court forms with explanations of how they should be used
Termination and the right to possession
- Has a tenancy been created?
- Forfeiture
- Other methods of termination
- Leases: assignment, sub-letting, bankruptcy and death
- Licence agreements
Termination and the right to possession - particular cases
- Assured tenancies
- Assured short-hold tenancies
- Regulated tenancies
- Restricted contracts
- Secure tenancies
- Introductory tenancies
- Demoted tenancies
- Social housing
- Shared accommodation and resident landlords
- Protected shortholds
- Long tenancies at low rent
- Employees, premises with a business use and company lets
- Agricultural accommodation
- Student accommodation, holiday accommodation, board and attendance
- Mobile homes
- Miscellaneous
The proceedings for possession
- The necessity for possession proceedings
- Human rights and discrimination
- Standard procedure
- Accelerated procedure
- Evidence
- Rent cases
- Anti-social behaviour
- Other common grounds for possession
- Trespassers
- Mortgage possession proceedings
- Enforcement, suspension and setting aside
- Unlawful eviction and harassment: the occupier's remedies
Appendices
- Two rent/Housing Act exceptions
- Statutory extracts
The Letting Update Journal
Issue 1, Volume 17, April 2009
This work is one of the most comprehensive books on the subject. It covers not only possession from tenants in the private rented sector but addresses everything from mortgage repossessions to mobile homes. This volume is right up to date covering such issues as the Lewisham v Malcolm case from the middle of 2008 on the interrelationship between disability discrimination and the landlord’s rights to possession.
It does not presume lots of knowledge and starts with a discussion whether a tenancy has been created and, if so, which one. It then steps all the way through serving notices, the different court actions right up to enforcing judgements through the bailiffs.
Verdict: One of the most comprehensive and yet easily digestible books on the area of residential possession proceedings. For most involved in the private rented sector some sections can be skipped, but the parts that affect the PRS are very comprehensive, easy to understand and the whole book is well referenced. If you can only afford one book on possession, this is the one to buy.
