Seminar. Lambeth Law Centre Housing Lawyer

Transcription

1 Possession Proceedings Seminar Michael Carter Lambeth Law Centre Housing Lawyer

2 Timetable Overview of possession proceedings Status t of occupant Statutory protection for tenants Public sector tenants Private sector tenants Possession procedure Examples and questions Handouts Possession proceedings notes Checklist for possession Notices and court documents

3 Overview Overview of possession Possession Procedure 8 Possession and eviction stages stages 1. Pre court Notice Statutory protection 2. Court papers - Grounds for Housing Act 1985, Housing possession Act 1988, Housing Act 3. Court hearing and order 1996, Rent Act Break possession order Public sector (council) 5. Application by landlord for occupiers Secure tenant, eviction introductory tenant 6. Eviction notice Pi Private sector occupants - Assured tenant, Assured shorthold tenant, Rent Act tenant, unprotected tenant and licensees, death of a tenant 7. Application by tenant t to stay eviction 8. Eviction

4 Overview of proceedings Eight steps to eviction procedure Can be seen as 2 overarching stages i. possession stage ii. eviction stage Landlord must first regain legal possession Once obtained, must then take steps to evict

5 Status of occupant Trespasser Licensee Mortgagor\Owner occupier Tenant

6 Tenants Who is your landlord? When did you move into the property

7 Public landlord d Housing g Act 1985 Housing Act 1996 Private landlord Rent Act 1977 Housing Act 1988 Housing Act 1996 Type of landlord

8 Types of tenancy Public landlord d Secure tenancy Introductory tenancy Private Landlord Assured tenancy Assured shorthold tenancy Rent Act protected/statutory tenancy

9 Important dates Public tenancy 1997 possibility of introductory tenancy Private tenancy 15/1/89 Housing Act 1989 came into force 28/2/1997 Housing Act 1996 came into force

10 Proceedings for possession Important: does pre-action protocol apply (only to council landlords and RSLs) Terminating tenancies Landlord needs to serve notice in prescribed form Landlord will generally need to prove a ground for possession The type of notice and grounds for possession is set out in the relevant statute

11 Types of Notices Secure tenancy Notice of Seeking Possession Introductory tenancy Notice of Proceedings for Possession Assured/shorthold tenancy Notice of Seeking Possession Rent Act protected tenancy Notice to Quit

12 Types of Notice Notice to Quit 28 days Valid for 12 months Prescribed information Section 21 notice 2 months notice Section 8 notice Notice period depends on which ground relied on Section 83 notice 28 days Valid for 12 months Prescribed information N54 notice of eviction Summons and particulars of fclaim Look at notices

13 What to do/ advise? Initial notice first CLS direct 0845 step of 8 step procedure not likely t to be evicted g.uk/ immediately Law Centres Court summons, LCF possession order or eviction notice court proceedings.or.uk/ commenced need further legal advice

14 Grounds for possession Mandatory or discretionary Public tenancies Secure tenancy Sch Act - Ground 1 rent arrears or breach of term in tenancy agreement discretionary Introductory tenancy no need to prove ground; only service of NPP

15 Grounds for possession Pi Private tenancies Assured tenancy Sch.2 Part I,1988 Act, Mandatory Grounds, e.g. Ground 8 2 months rent arrears Sch2, Part II discretionary grounds, e.g. Ground 10, some rent arrears, Ground 11, persistent delay in payment of rent arrears Protected tenancy, Sch15, Part I mandatory, Part II discretionary (case1)

16 Possession Claims CPR Part 55 The Civil Court Practice (Green Book) Accelerated Possession Claims of property let under an assured shorthold tenancy

17 Usual proceedings Commenced by Particulars of Claim Summons issued with hearing date 14 days in which to reply to the Claim

18 Accelerated Proceedings Only for assured shorthold tenancy Claim for possession only 14 days to respond to Claim No reply court can make a possession order without a hearing NB s89 Housing Act 1980

19 Possession Hearing Court can adjourn, dismiss application or order possession Landlord needs generally to prove ground for possession (mandatory/discretionary) types of possession order Outright, postponed or suspended

20 Post Possession order Tolerated trespassers Warrant of possession County Court Rules Order 26, r17 Application for a stay of eviction