Defending Possession Proceedings

HHJ Jan Luba QC, Ann Bevington, John Gallagher, Sam Madge-Wyld

• Publisher: Legal Action Group
• Year: 2021
• Print ISBN: 9781912273997
• eBook ISBN: 9781913648305

Defending possession proceedings is the key 'homelessness prevention' handbook – a comprehensive guide to all aspects of the law and practice relating to possession proceedings pursued against occupiers of residential property.Dealing with the three principal types of occupier – social housing tenants, private tenants and owner-occupiers – Defending possession proceedings seeks to guide occupiers and their advisers in dealing with possession claims, tracing the court process from the initial notice given to the occupier right through to the aftermath of eviction. It is written in a user-friendly way, so that it contains information which is of use to the most experienced legal practitioner, yet is still understandable to the least experienced housing adviser.The ninth edition of Defending possession proceedings has been updated to include new material on: •breach of the public sector equality duty or of the Children Act 2004 duties as public law defences to possession claims•discrimination defences and counterclaims•welfare benefits for tenants and benefit issues in possession claims•dealing with defendants who may lack mental capacity•costs for publicly funded defendants•effects of the Debt Respite Scheme (breathing space and mental health crisis moratoria)•restriction on 'section 21' notices under the Tenant Fees Act 2019•a newly expanded section covering claims for possession against all owner-occupiers (whether by lender, landlord, co-owner, unsecured lender or trustee in bankruptcy)Defending possession proceedings is an essential purchase for all advice workers, solicitors and barristers advising or representing any party involved in or threatened with a possession claim.

Table of contents

• Cover
• Half Title
• Series Page
• Title Page
• Copyright
• Preface
• How to use this book
• Contents
• Table of cases
• Table of statutes
• Table of statutory instruments
• Table of EU and international legislation
• Abbreviations
• Part I: Tenants of Social Housing
• Introduction to Part I
• 1 Tenants with security of tenure
• 2 Procedure for recovery of possession from a tenant with security of tenure
• 3 Grounds and conditions for possession against assured or secure tenants
• 4 Preparing the defence
• 5 Introductory and starter tenancies
• 6 Demoted tenancies
• 7 Family intervention tenancies
• 8 Tenants and licensees without security of tenure
• Part II: Private Sector Tenants
• Introduction to Part II
• 9 Assured shorthold tenancies
• 10 Other private sector lettings
• 11 Rent Act tenancies
• 12 Rental purchase agreements
• Part III: Other Tenancy Issues
• 13 Termination of contractual tenancies
• 14 Unprotected tenants and licensees
• 15 Welfare benefits for tenants
• 16 Premises occupied by employees
• 17 Death of tenant or landlord
• 18 Possession proceedings and the insolvent tenant
• 19 Relationship breakdown in a rented home
• Part IV: Possession Procedure
• 20 Procedure in possession proceedings
• 21 Accelerated possession proceedings
• 22 Possession proceedings against trespassers and other unlawful occupiers
• 23 Funding to defend possession proceedings
• 24 Public law defences
• 25 Human rights defences
• 26 Discrimination defences to possession claims and discrimination counterclaims
• 27 Possession orders
• 28 Mesne profits and damages for trespass
• 29 Costs
• 30 After the possession order
• Part V: Owner-occupiers of Residential Premises
• Introduction to Part V
• 31 Possession of a long-leasehold home sought by a landlord
• 32 Forfeiture of a fixed-term (non-assured) tenancy
• 33 Recovery of an assured fixed-term tenancy
• 34 How can possession be recovered at the expiry of the fixed-term?
• 35 Possession of a freehold or leasehold home sought by a secured lender
• 36 Mortgages and other financing structures
• 37 The statutory regulation of mortgages
• 38 Enforcement of mortgages
• 39 Alternative dispute resolution and other methods of resisting possession
• 40 After eviction
• 41 Costs
• 42 An order for sale with possession (under Trusts of Land and Appointment of Trustees Act 1996) obtained by a secured lender
• 43 Claim for possession and/or an order for sale of a freehold or leasehold home by a trustee in bankruptcy
• 44 Claim for possession of a freehold or leasehold home by an unsecured creditor with a charging order
• 45 Claim for possession of a freehold or leasehold home by any other trustee or beneficiary
• Appendices
• A Instructions checklist
• B Statements of case and applications
• Index