Following a raft of legislation over recent decades, against the background of scores of unscrupulous landlords and poor management of tenants, the tables were firmly turned. Today’s landlords must commit time and cost to obtain vacant possession of their property. The penalties for not following statutory procedures are severe, with potential criminal liability as well as civil liability.
Whether you are a solicitor or other practitioner advising landlords or tenants, a vital skill is knowing what type of tenancy exists and the appropriate procedure to secure vacant possession. Whatever the reason for possession, the procedures can present many traps for litigators: each procedure has its own rules and does not always operate like other court procedures.
If you have little or no knowledge of possession proceedings of residential property, this course is designed with you in mind. The course will also prove a useful update for practitioners who deal with possessions on a regular basis and are looking to refresh their knowledge.
Our well known and experienced residential property expert, David Smith, will take you through the legal principles and procedural issues of possession of residential property under tenancies and mortgages.
You will also be guided through situations where the interest may not be clearly defined in law, for instance, in the case of squatters and licensees. You will also consider repossession by mortgagees where the courts expect the parties to have explored all options – with reference to the rules under the pre-action protocol – before the case reaches court.
Key learning outcomes
- Understand the procedures for obtaining vacant possession of private rented property
- Appreciate the potential traps for practitioners inherent in the different procedures
- Know what defences can be raised, and how a party can appeal
What does this course cover?
This course covers the fundamentals of obtaining vacant possession of privately rented property, including:
- Burden of proof
- Article 8 of the European Convention of Human Rights (ECHR) and its application to possession of residential tenancies in England and Wales
- Procedural rules: overview and the Government’s online portal
- Residential tenancies: determining if it is a tenancy
- Tenancies under the Housing Act 1988: 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 amounts to a defence; eviction day issues
- Appeals and strategy