Housing Possession Duty Desk - a practical guide
Overview
Legal Action Group
Legal Action Group
'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 Hon Mr Justice Knowles, from his foreword
'There are some books you read when you know that the authors know their stuff. This is such a book. The emphasis on the word “practical” is an accurate one.' Civil Litigation Brief
'This is the sort of book that would be invaluable to everyone from CAB advisers, housing rights activists ... housing officers in councils and housing associations, who spend much of their time engaged in possession proceedings on the same routine issues but who don’t always grasp the full breadth of what can go wrong for their cases.' Safer Renting blog
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 Defending Possession Proceedings 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.
Contents include:
How to use this book
The court and the duty day
CPR 55, Practice Directions and Pre-action Protocols
Notices
Secure, Introductory and Flexible tenancies (local authority tenancies and licenses)
Registered Social Landlords
Private tenancies
Other cases
Public law, Human Rights and Equality Act defences
Mortgage possession proceedings and charging orders
Outcomes
Set aside and variation applications
Appeals
Warrants for possession
HPCDS and legal aid
Appendices

About the author

Description: Simon Mullings - author
Simon Mullings is a senior caseworker at Edwards Duthie Shamash, a member of the Justice Alliance and co-chair of the Housing Law Practitioners’...

Blog updates for this book title:

  • Description: Housing possession duty desk (3)_page-0001
    Posted by Esther Pilger
    on Sep 14
    Download free possession proceedings resources: checklists, forms and specimen letters
  • Articles for this book title:

  • Description: Housing cropped Librios
    on May 2021
    Law and practice
    Changes and developments in policy, legislation and case law relating to owner occupation.
  • Description: Housing cropped Librios
    on Oct 2021
    Opinion and analysis
    Hannah Lennox on what she has learnt in her first five months on the front line of possession...