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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Defending Possession Proceedings 9th ed isbn 9781912273997

Defending Possession Proceedings 8th ed

ISBN13: 9781908407641
New Edition ISBN: 9781912273997
Previous Edition ISBN: 9781903307755
Published: September 2016
Publisher: Legal Action Group
Country of Publication: UK
Format: Paperback
Price: Out of print

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 mortgage borrowers – Defending possession proceedings seeks to guide occupiers and their advisers in dealing with possession claims, tracing the court process from the initial notice given in 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 eighth edition of Defending Possession Proceedings takes account of current and future legislative changes in the Housing and Planning Act 2016; the Deregulation Act 2015, the Immigration Acts 2014 and 2016, the Anti-social Behaviour, Crime and Policing Act 2014; the Legal Aid, Sentencing and Punishment of Offenders Act 2012; the Localism Act 2011 and the Equality Act 2010.

It covers in detail the impact of the Government’s welfare reform agenda through the introduction of the ‘bedroom tax’ and the benefit cap. The chapters on possession procedure incorporate all relevant changes in the Civil Procedure Rules, in particular the new Pre-action Protocol on possession claims by social landlords and the updated Pre-action Protocol on Mortgage Arrears.

Important cases featured include Kay v United Kingdom (2010? In last ed?) in the European Court of Human Rights; the Supreme Court cases Akerman-Livingstone v Aster Communities Limited, Hounslow LBC v Powell, McDonald v McDonald and R (ZH and CN) v Newham LBC and Sims v Dacorum BC; and in the Court of Appeal, Barnsley MC v Norton , Zinda v Bank of Scotland plc and R (JL) v Secretary of State for Defence.

Defending Possession Proceedings is an essential purchase for all advice workers, solicitors and barristers working with actual or prospective defendants in possession proceedings.

Housing Law
Introduction to Part I3
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 of social landlords without security of tenure
9. Shared ownership of social housinG

Introduction to Part II
10. Assured shorthold tenancies
11. Other private sector lettings
12. Rent Act tenancies
13. Rental purchase agreements
14. Termination of contractual tenancies
15. Unprotected tenants and licensees
16. Welfare benefits for tenants
17. Premises occupied by employees
18. Death of the tenant
19. Possession proceedings and the bankrupt tenant
20. Domestic relationship breakdown in a rented home

21. Procedure in possession proceedings
22. Accelerated possession proceedings
23. Possession proceedings against trespassers and other unlawful occupiers
24. Public funding to defend possession proceedings
25. Public law defences
26. Human rights defences
27. Disability discrimination defences
28. Possession orders
29. Mesne profits and damages for trespass
30. Costs
31. After the possession order

32. Mortgages
33. The lender’s common law right to possession
34. Courts’ powers to allow borrowers to remain in their homes
35. Regulation of mortgage lending by the Financial Conduct Authority
36. Preventing the lender from obtaining possession
37. Procedure and tactics
38. Tenants of borrowers
39. Domestic relationship breakdown in mortgaged homes
40. Islamic property finance
41. Rights of equitable owners
42. Undue influence
43. Sale of the home
44. Possession claims by unsecured creditors

A Statutory notices
B Statements of case and applications
C Housing Act 1985 Sch 2A: The meaning of ‘serious offence’ for the purposes of the absolute grounds for possession for antisocial behaviour
D Instructions checklist
E pre-action Protocols for possession claims
F CPR Part 55 and Practice Directions 1039