Course Level: Intermediate
Course date: 18 May 2018
Venue: Herbert Smith Freehills LLP
Course Time: 9.15am-5.15 pm
Accreditation: 6 hours CPD
Lecturers’ Names: John Gallagher and Derek McConnell
Description and brief synopsis
This course is suitable for both lawyers and advisers with a basic knowledge of security of tenure in the private and social rented sectors, including those taking part in court duty schemes. Emphasis is placed on the practicalities of dealing with possession actions in the county court, including running a legally aided case and ensuring compliance with the Civil Procedure Rules. Examples of court documents will be used to illustrate the progress of a typical possession claim. The course will take account of recent case-law and legislation, and will deal with human rights, public law and disability discrimination defences to possession proceedings.
Note: The course does not cover forfeiture or other proceedings taken by landlords of long leaseholders.
• An outline of grounds for possession against secure and assured tenants
• Strategies in rent arrears and anti-social behaviour cases
• The Pre-Action Protocol for Possession Claims by Social Landlords
• Assured shorthold tenancies: tenancy deposit and Deregulation Act defences
• Equality Act defences
• Public law and human rights defences
• Defending mortgage borrowers
• Mortgage Arrears Pre-action Protocol
• Practice and procedure in possession cases under CPR Part 55
Aims and Objectives
• To examine the law and practice relating to possession proceedings against tenants
and mortgage borrowers in order to identify when a residential occupier may have
a defence to a possession claim
• To become familiar with court procedures in relation to claims for possession of
• To consider practical casework issues and strategies with a view to obtaining a
favourable outcome for tenants and borrowers in possession proceedings
Area of Specialism
This course is designed for housing practitioners and advisers who advise and/or act for occupiers who are threatened with eviction and covers claims against council and housing association tenants, private sector tenants and mortgage borrowers. It is an intermediate course which will be suitable for those with a basic knowledge of the law of security of tenure (secure and assured tenancies).
Lecture format. Case studies and question and answer sessions enable delegates to explore practical issues in this area of law. Comprehensive course handouts will be distributed to all delegates.
Details of speakers/trainers
John Gallagher is a solicitor with Shelter, and has specialised in housing and homelessness law for 30 years. He previously worked at SHAC (the London Housing Aid Centre), at Nottingham Law Centre and in private practice. He is an experienced trainer in all aspects of housing law and co-author of Defending Possession Proceedings (LAG, 8th ed, 2016).
Derek McConnell is a solicitor with South West Law in Bristol. He has worked in a number of Law Centres and writes regularly for Legal Action on recent developments in housing law as they affect owner-occupiers. He is co-author of Defending Possession Proceedings (LAG, 8th ed, 2016).
Commercial rate: £215 + VAT - commercial organisations including barristers and solicitors in private practice.
Standard rate: £205 + VAT - statutory and not for profit organisations.