This course deals with possession of residential property under tenancies and mortgages and in situations where the interest may not be so clearly defined (eg squatters and licensees).
In the 1950s and 1960s there were many well publicised cases of unscrupulous landlords which resulted in a flurry of legislation.
Since then there has been a complete change in the relationship of landlord and tenant with the landlord now having to incur time and fees to obtain vacant possession. The penalties for failing to use procedures are severe and can result in criminal as well as civil liability.
This course also looks at repossession by mortgagees where the Courts expect the parties to have explored all options before the case comes to court. The pre-action protocol sets out rules which the Courts expect to see have been followed.
Whatever the reason for possession the procedures can be a trap for litigators as they have their own rules and do not always operate in a similar manner to other Court procedures.
This course will include the following:
- Burden of proof
- Article 8 and ECHR as applied to possession of residential tenancies in England and Wales
- Procedural rules- overview and online portal
- Residential Tenancies- is it a tenancy?
- Housing Act 1988 tenancies - section 8 and section 21 notices
- Accelerated possession procedures
- Tenancies outside the Housing Act 1988- notices and forfeiture
- Mortgagee possession- preliminaries and third party rights
- Residential squatters
- Eviction- options, delays and setting aside warrants and writs
- Defences- what is and is not a defence, on the day elements
- Appeals- strategy
Whilst this course is primarily aimed at those who have little or no knowledge of possession proceedings of residential property, it will serve also as a useful update for those who may deal with these on a more regular basis.