Residential Possession Proceedings, 10th Edition

Home >
Law >
Conveyancing / Tenancy / Land >
Residential Possession Proceedings, 10th Edition

Description
Contents
Author
Reviews

Details

Sitting in the Landlord & Tenant list, Residential Possession Proceedings is the definitive guide on the law and procedure relating to the possession of residential property in a single text.

It succinctly explains the action a landlord can take to regain possession of a property and how a tenant or occupant might oppose any such action. It also explains the possession rights of landlords, tenants and occupiers under the various forms of tenancy. Finally, Residential Possession Proceedings details the court proceedings necessary to affect or defend possession.

The 10th edition:

• Includes detailed and authoritative commentary on all issues relating to construction contracts, from an examination of Employer’s Approval and Architect’s Certificates delay and disruption and financial recovery.

• Presents in depth practical help, delivered in a concise style, discussing legal principles, analysing judicial decisions, interrogating standard forms and interpreting legislation.

• Discusses in detail the standard form agreements upon which Building and Construction activity turns including commentary on JCT Standard Form Contract, Infrastructure Conditions of Contract, and a new commentary on NEC3. It also considers key provisions of the FIDIC family of contracts.

• Goes through the workflow of a construction contract, including formation and composition.

• Examines the contractor’s right to payment and the recovery of payment for varied work.

• Deals with employer’s approval of the contracted work and the formal requirements of an architect’s certificate.

• Goes through such issues as excuses for non-performance, negligence and economic loss, and delay and disruption claims.

• Covers financial recovery and causation and liquidated damages and penalties.

• Addresses various equitable doctrines and remedies.

• Considers assignments, substituted contracts and sub-contracts.

•Detailed consideration of arbitration and ADR (including new sections on Mediation and Dispute Board). Fully updated chapters on adjudication and litigation.
List of Forms
Preface
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of Civil Procedure Rules

Part I: Termination and the Right to Possession
Chapter 1 Has a Tenancy Been Created?
Chapter 2 Forfeiture
Chapter 3 Other Methods of Termination
Chapter 4 Leases: Assignment, Sub-letting, Bankruptcy and Death
Chapter 5 Licence Agreements

Part II: Termination and the Right to Possession-Particular Cases
Chapter 6 Assured Tenancies
Chapter 7 Assured Shorthold Tenancies
Chapter 8 Rent Act Tenancies
Chapter 9 Restricted Contracts
Chapter 10 Secure Tenancies
Chapter 11 Flexible Tenancies
Chapter 12 Introductory Tenancies
Chapter 13 Demoted tenancies
Chapter 14 Shared Accommodation and Resident Landlords
Chapter 15 Protected Shortholds
Chapter 16 Long Tenancies at Low Rent
Chapter 17 Employees, Premises with a Business Use and Company Lets
Chapter 18 Agricultural Accommodation
Chapter 19 Student Accommodation, Holiday Accommodation, Board and Attendance
Chapter 20 Mobile Homes
Chapter 21 Miscellaneous

Part III: The Proceedings for Possession
Chapter 22 The Necessity for Possession Proceedings
Chapter 23 Human Rights Defences
Chapter 24 Discrimination
Chapter 25 Standard Procedure
Chapter 26Accelerated Procedure
Chapter 27 Evidence
Chapter 28 Rent Cases
Chapter 29 Anti-Social Behaviour
Chapter 30 Other Grounds for Possession
Chapter 31 Trespassers
Chapter 32 Mortgage Possession Proceedings
Chapter 33 Orders for Sale
Chapter 34 Enforcement, Suspension and Setting Aside
Chapter 35 Unlawful Eviction and Harrassment: The Occupier's Remedies

Part IV: Appendices
Appendix 1: Two Rent/Housing Act Exceptions A1.001
Dwelling-houses above certain rateable values/high rents
Tenancies where no rent or a low rent is payable

Appendix 2: Statutory Extracts
Rent (Agriculture) Act 1976, Sch.4
Rent Act 1977, Sch.15
Housing Act 1985, Schs 1 and 2
Housing Act 1988, Schs 1, 2, 2A and 3

Appendix 3: Part 2 of Schedule 11 of the Housing and Regeneration Act 2008

Index
Gary Webber was a practicing barrister for 22 years, specialising in property law. Since 2003 he has practised as a mediator and run training courses in various areas of property law. He is also the author of Business Premises: Possession and Lease Renewal. He is frequently asked to speak at conferences, is on the editorial board of the White Book and sits as a Deputy District Judge. He also maintains "Property Law UK", the on-line property law updating and research service.

Daniel Dovar is a barrister at Tanfield Chambers. Called in 1997, he specialises in property litigation of all types including landlord and tenant. He regularly writes articles and lectures on property law is an editor of the Landlord and Tenant Review and is a member of the Chancery Bar and Property Bar Association.
"If you can only afford one book on possession, this is the one to buy" - Letting Update Journal