Publisher:Legal Action Group
Defending Possession Proceedings
Description: Defending Possession Proceedings 2021 (1)_page-0001
'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.' Solicitor's Journal

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

About the author

Description: Jan Luba KC - author
Jan Luba KC is a senior circuit judge and a designated civil judge.
Description: Ann Bevington - author
Ann Bevington is a solicitor and a director of Hopkin Murray Beskine
Description: John Gallagher
John Gallagher is principal solicitor with Shelter, and has specialised in housing and homelessness law for over 25 years.
Description: Sam Madge-Wyld
Sam Madge-Wyld is a barrister practising from Tanfield Chambers.
Articles for this book title
Description: Housing in London_Pexels_ Huy Phan

Dave Cowan rounds up the past year’s important policy, guidance, reports and cases relating to owner-occupation.

Description: Jan Luba KC in 2024

As Jan Luba KC steps back from an extraordinary 42 years of writing for Legal Action and LAG, his co-authors and LAG colleagues pay tribute to his...

Description: LAG 50 Years

Legal Action’s prolific ‘Housing: recent developments’ authors give Sue James their reflections on decades of helping lawyers to...

Description: Housing cropped Librios

Hannah Lennox on what she has learnt in her first five months on the front line of possession proceedings.

Description: Derek McConnell

Following Derek McConnell’s retirement, John Gallagher celebrates his distinguished legal career.

Description: Jan_Luba_QC_and_Nic_Madge

Sue James speaks to her housing law heroes, Jan Luba QC and Nic Madge, about their lives in the law, from school to the bench.

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