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Defending Possession Proceedings 7th Edition

NEw Edition Publishing August 2016

DPP cover image

Authors: Jan Luba QC, Derek McConnell, John Gallagher and Nic Madge

ISBN: Pb 978 1 903307 75 5

Page Extent: 1008

Published: August 2010

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.

Online update

Following the Supreme Court's judgment in Hounslow LBC v Powell; Leeds City Council v Hall; Frisby v Birmingham City Council [2011] UKSC 8, 23 February 2011 (the cases selected to go to the Supreme Court following Salford City Council v Mullen [2010] EWCA Civ 336), the authors of Defending Possession Proceedings have written an update to the book's chapters on public law and human rights defences.

Online update - March 2011 (pdf: 1Mb)

'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 focuses on practice and procedure and the relevant substantive law. 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 main text is supplemented with official forms and notices, statements of case and applications, an instructions checklist, the Rent Arrears Pre-Action Protocol and CPR Part 55.

The seventh edition of Defending Possession Proceedings features new chapters on:

- Family Intervention Tenancies
- Replacement tenancies under the Housing and Regeneration Act 2008
- Public law defences
- Human rights defences
- Disability discrimination defences
- Rent arrears and bankruptcy
 - Islamic home purchase

It takes full account of legislative changes in the Consumer Credit Act 2006; the Housing and Regeneration Act 2008 (notably the abolition of tolerated trespassers); the Equality Act 2010; and the Mortgage Repossessions (Protection of Tenants etc) Act 2010.

The chapters on possession procedure incorporate all relevant changes in the Civil Procedure Rules, especially the new Mortgage Arrears Pre-action Protocol.

Important cases featured include:

- McCann v UK in the European Court of Human Rights
- Doherty v Birmingham City Council and Lewisham LBC v Malcolm in the House of Lords
- R (Weaver) v London & Quadrant Housing Trust and Forcelux Ltd v Binnie in the Court of Appeal

This edition further considers the implications of the new regulatory framework affecting all registered providers of social housing, which has been established by the Tenant Services Authority (TSA), and the impact on possession proceedings of the statutory guidance and standards issued by the TSA.

Defending Possession Proceedings is an essential purchase for all lawyers and advisers working with actual or prospective defendants in possession proceedings.

Jan Luba QC is 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, 4th edn, 2010) and Housing Allocations and Homelessness (Jordans, 2nd edn, 2010), and writes, with Nic Madge, the monthly series 'Recent developments in housing law' in Legal Action. He sits as a recorder in the civil and criminal courts and as a judge of the Employment Appeal Tribunal.

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 and tutors widely on housing law, specifically residential mortgage law.

John Gallagher is principal solicitor with Shelter, and has specialised in housing and homelessness law for 20 years. He previously worked at SHAC (the London Housing Aid Centre), at Nottingham Law Centre and in private practice in Liverpool. He is an executive member of the Housing Law Practitioners' Association.

Nic Madge is a circuit judge. He was formerly a recorder and district judge and head of the Housing Department at Bindman and Partners, London. He is the co-author of Housing Law Casebook (LAG, 4th edn, 2008), Annotated Housing Statutes (Sweet and Maxwell, 2005) and a member of the senior editorial board of Civil Procedure ('the White Book') (Sweet & Maxwell). He writes regularly on housing law and procedure, including contributions to Law Society Gazette and New Law Journal and co-authors 'Recent developments in housing law' in Legal Action. He is a founder member of the Housing Law Practitioners' Association.

How to use this book (pdf: 58.9Kb)