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Residential Possession Proceedings, 8th Edition

Residential Possession Proceedings, 8th Edition

Name: Residential Possession Proceedings, 8th Edition
Brand: Sweet & Maxwell U.K.
SKU: 9781847035363
Price: 1396.80 HKD
Availability: OutOfStock
Author: Gary Webber; Daniel Dovar
ISBN: 9781847035363

Edited by Gary Webber · Daniel Dovar

Sweet & Maxwell U.K. November 2008

Specifications

ISBN-13: 9781847035363
Publisher: Sweet & Maxwell U.K.
Publication: November 2008
Format: Paperback , 756 pages
Jurisdiction: U.K. ? Countri(es) for reference only

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
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

Reviews

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.