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Defending Possession Proceedings
Jan Luba QC, Nic Madge, John Gallagher, Derek McConnell and Sam Madge-Wyld
Cover of Defending Possession Proceedings
Eighth edition |  September 2016  | 1224pp
ISBN: Pb 978 1 908407 64 1

This book has established itself as the book that lawyers and advisers turn to in a housing crisis. It is the key 'homelessness prevention' handbook - a comprehensive guide to all aspects of the law relating to possession proceedings.

'For the novice and the seasoned performer, this work should only be removed from the desk for the purpose of carriage to court' New Law Journal

'If defending possession proceedings is the task facing you, then this is the book to use' Solicitors Journal

' ... a treasure trove of law and tactics in perfect harmony' Journal of Housing Law

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 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 eighth edition of Defending Possession Proceedings takes account of current and future legislative changes in::

- the Housing and Planning Act 2016
- the Deregualtion 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
- 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: Ivanova v Bulgaria in the European Court of Human Rights; the Supreme Court cases Akerman-Livingstone v Aster Communities Limited, Hounslow LBC v Powell, McDonald v McDonald,R (ZH and CN) v Newham LBC  and Sims v Dacorum BC; and in the Court of Appeal, Barnsley MBC v Norton, Zinda v Bank of Scotland plc,R (JL) v Secretary of State for Defence  and City West Housing Trust v Massey. 

Defending Possession Proceedings is an essential purchase for all advice workers, solicitors and barristers advising or representing any party involved in or threatened with possession claims.

Jan Luba QC is a circuit judge. He was formerly a barrister in the housing team at Garden Court Chambers in London. He was called to the Bar in 1980 and was made Queen's Counsel in 2000. He is one of the leading authorities on housing law and practice. Jan is co-author of a number of housing law titles including Repairs: tenants' rights (LAG, 5th edn, 2016) and Housing Allocations and Homelessness (Jordans, 4th edn, 2016), and writes, with Nic Madge, the monthly series 'Recent developments in housing law' in Legal Action.

Nic Madge is a circuit judge. He was formerly a district judge and head of the Housing Department at Bindman and Partners, London. He is the co-author of  Housing Law Casebook (LAG, 7th edn, 2016),  a member of the senior editorial board of  Civil Procedure ('the White Book') (Sweet & Maxwell)  and co-authors 'Recent developments in housing law' in  Legal Action. He is a founder member of the Housing Law Practitioners' Association and is a member of the tutor team of the Judicial College. 

Derek McConnell is a solicitor at South West Law in Bristol. Since 1978 he has worked in a number of Law Centres®, and then in private practice, specialising in housing law. He writes the regular 'Owner-occupier' updates in Legal Action.

John Gallagher is principal solicitor with Shelter, and has specialised in housing and homelessness law for over 25 years. He previously worked at SHAC (the London Housing Aid Centre), at Nottingham Law Centre and in private practice in Liverpool. 

Sam Madge-Wyld  is a barrister practising from Tanfield Chambers. He  specialises in housing, real property and local government law. Sam  is co-author of Quiet enjoyment and Housing Law Casebook (both LAG).  He is also a contributor to the Local Government Encyclopaedia (on the  Human Rights Act 1998) and an assistant editor of Local GovernmentFinance: law and practice (both Sweet and Maxwell). Sam also regularly  lectures and teaches solicitors, tenants, landlords and letting agents on  housing law.

How to use this book (pdf: 58Kb) 

Preface  (pdf: 35kb)

Contents (pdf: 65kb)

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