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Defending Possession Proceedings 8th ed isbn 9781908407641

Defending Possession Proceedings 7th ed

ISBN13: 9781903307755
New Edition ISBN: 9781908407641
Previous Edition ISBN: 9781903307304
Published: August 2010
Publisher: Legal Action Group
Country of Publication: UK
Format: Paperback
Price: Out of print

Wildy's Book of the Month - September 2010

Dealing with the three principal types of occupier - social housing tenants, private tenants and mortgage borrowers - Defending Possession Proceedings focuses on practice and procedure and the relevant substantive law.

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 main text is supplemented with official forms and notices, statements of case and applications, an instructions checklist, the Rent Arrears Pre-Action Protocol and CPR Part 55.

The seventh edition of Defending Possession Proceedings features new chapters on:

  • Family Intervention Tenancies
  • Replacement tenancies under the Housing and Regeneration Act 2008
  • Public law defences
  • Human rights defences
  • Disability discrimination defences
  • Rent arrears and bankruptcy
  • Islamic home purchase

It takes full account of legislative changes in the Consumer Credit Act 2006; the Housing and Regeneration Act 2008 (notably the abolition of tolerated trespassers); the Equality Act 2010; and the Mortgage Repossessions (Protection of Tenants etc) Act 2010.

The chapters on possession procedure incorporate all relevant changes in the Civil Procedure Rules, especially the new Mortgage Arrears Pre-action Protocol.

Important cases featured include:

  • McCann v UK in the European Court of Human Rights
  • Doherty v Birmingham City Council and Lewisham LBC v Malcolm in the House of Lords
  • R (Weaver) v London & Quadrant Housing Trust and Forcelux Ltd v Binnie in the Court of Appeal

This edition further considers the implications of the new regulatory framework affecting all registered providers of social housing, which has been established by the Tenant Services Authority (TSA), and the impact on possession proceedings of the statutory guidance and standards issued by the TSA.

Defending Possession Proceedings is an essential purchase for all lawyers and advisers working with actual or prospective defendants in possession proceedings.

Housing Law
Secure occupiers
Security threatened;
Grounds for possession against secure occupiers
Preparing the defence
Subtenants, homeless persons and non-secure occupiers
Housing associations and other non-council social landlords
Introductory tenancies
Demoted tenancies
Family intervention tenancies
Replacement tenancies
Rent Act transitional provisions
Assured shorthold tenancies
Assured tenancies
Termination of contractual tenancies
The Rent Acts
Statutory tenants ceasing to reside
Grounds for possession against Rent Act tenants
Unprotected tenants and licensees
Premises occupied by employees
Rental purchase agreements
Shared ownership
Procedure in possession proceedings
Accelerated possession proceedings
Public law defences
Human rights defences
Disability discrimination and possession proceedings
Public funding to defend possession proceedings
Possession proceedings against trespassers and other unlawful occupiers
Possession proceedings and the bankrupt tenant
Mesne profits and damages for trespass
Possession orders
After the possession order
Domestic relationship breakdown in a rented home
Housing benefit
The lender’s common law right to possession
Courts’ powers to allow borrowers to remain in their homes
Preventing the lender from obtaining possession
Procedure and tactics
Tenants of borrowers
Domestic relationship breakdown in mortgaged homes
Islamic property finance
Rights of equitable owners
Undue influence
Sale of the home;
Possession claims by unsecured creditors
A Statutory notices and forms
B Statements of case and applications
C Instructions checklist
D Pre-action Protocols for possession claims
E CPR Part 55 and Practice Directions.