05 Mar 2021
'The duty adviser is the legal equivalent of the A&E doctor. And that accurate parallel says so much for the importance of the role and the respect it deserves. Imagine facing proceedings for possession of your home without advice. Then imagine that in the pandemic … This book makes a typically modest claim to serve as a practical guide. It is that, but it is so much more. It serves those who make the system work. To all of them, and to the remarkable authors, I pay respectful tribute.' The Right Hon Mr Justice Knowles, from his foreword
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As legal aid shrinks and housing lawyers become scarce, it is at the door of the court where most people now receive advice and assistance on their housing case.
Duty advisers are faced with the challenge of keeping a roof over people’s heads. Clients are often distressed and it is necessary to build trust, marshal the facts, apply the law, negotiate, and then if no agreement is reached, be prepared to fight the case before a judge. All in 20 minutes.
Housing Possession Duty Desk is the essential guide in your toolkit on the frontline of defending possession proceedings. For experienced duty advisers this will be a guide through the change in possession proceedings – now known as the ‘Overall Arrangements’ as well as a useful reference book and aide memoire. For those embarking on duty representation for the first time, this handbook will provide the support to be a fearless advocate for those who face losing their home.
While is the definitive guide to this area of law, Housing Possession Duty Desk is its new practical companion volume focusing on tactical and procedural tips to navigate the daily demands of the duty desk.
•How to use this book
•The court and the duty day
•CPR 55, Practice Directions and Pre-action Protocols
•Secure, Introductory and Flexible tenancies (local authority tenancies and licenses)
•Registered Social Landlords
•Public law, Human Rights and Equality Act defences
•Mortgage possession proceedings and charging orders
•Set aside and variation applications
•Warrants for possession
•HPCDS and legal aid