Housing Possession Duty Desk: a Practical Guide

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