Defending Possession Proceedings – 9th Edition
23rd December 2021
Published by: Legal Action Group
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.
The book is available here.
Team: Sam Madge-Wyld
This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/ or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.