Defending Possession Proceedings (7ed)

Defending Possession Proceedings
Defending Possession Proceedings (7ed)
Luba, J
Legal Action Group

Dealing with the three principal types of occupier - social housing tenants, private tenants and mortgage borrowers -Defending Possession Proceedingsfocuses 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 Proceedingsis an essential purchase for all lawyers and advisers working with actual or prospective defendants in possession proceedings.

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