Housing Possession Hearings: Practice and Procedure

This practical course gives an overview of the procedural rules governing possession claims. It will also help participants to prepare for possession hearings and to appear for landlords or tenants in court. Fully updated to include the Pre Action Protocols in force from 6 April 2015 as well as the decision of the Supreme Court in Akerman-Livingstone v Aster Communities Ltd (2015) UKSC 15.

N.B. Due to overwhelming demand for this course in London at present we have added an additional early 2017 date: 16-17 March, with Tony Martin.

Public course dates
Also offered in-house Information about in-house courses
Location Public Course Price
Places
  Standard   Commercial Concessionary
16-17 Mar 2017 London £350.00 £380.00 £300.00
- +
27-28 Jun 2017 Manchester £280.00 £310.00 £230.00
- +
11-12 Jul 2017 London £350.00 £380.00 £300.00
- +
19 Sep 2017 London £350.00 £380.00 £300.00
- +

Following the EU referendum result the rights and responsibilities covered in these course notes won’t change unless new laws are passed. This will take time and we will update relevant courses when appropriate.

‘Excellent tuition and presentation... extremely useful.'

Welfare Rights Team Leader, Cobalt Housing

‘Really useful training. Will assist me in my job on a daily basis.'

Housing Options Officer, LB of Barking & Dagenham

Course contains

  • Overview of the Civil Procedure Rules (CPR)
  • Possession claims for rented and mortgaged property under CPR 55 Part I
  • Accelerated Procedure under CPR 55 Part II (assured shorthold tenants)
  • Drafting basic claims for possession
  • Adjournments, evidence, directions, and allocation
  • The range of orders the Court can make
  • Housing Benefit issues and Pre Action Protocol for Rent Arrears
  • Enforcement of possession warrants
  • Warrant suspension applications
  • Setting aside possession orders and executed warrants
  • Rights of audience
  • Advocacy and addressing the court (including small group exercises)
  • Overview of legal costs

Learning outcomes

After this course, you will be able to:

  • Identify detailed procedural rules governing possession proceedings under the CPR
  • Complete essential documents including a claim form, particulars of claim, and an application to suspend a warrant
  • Present a claim for possession in court, or present a defence to a claim.

Suitable for

Housing advisers, debt workers and housing officers who are familiar with security of tenure who wish to appear in county court possession claims, either for the landlord or the tenant, at either the first possession hearing or subsequent hearings. Delegates must be familiar with notice rules and grounds for possession.

Note
Pre-course reading covering claims for possession, particulars of claim, defences, and an overview of the CPR will be sent to delegates two weeks before the course.

Meet the trainer

Mark Robinson: York 1-2 February / London 21-22 February 2017

Mark Robinson worked as a housing advice worker from 1987 and then qualified as a housing solicitor in 1999. In his casework he has specialised in challenging homeless decisions, acting for tenants in s21 1988 Housing Act possession claims, and in defending anti-social behaviour possession and injunction proceedings. He has a particular interest in human rights and public law issues. Mark has trained extensively in housing law for Shelter since 1999, writes and updates a range of our courses and is housing editor of the Citizens Advice publication ‘The Adviser’.

Gary Willock: Manchester 27-28 June 2017

Gary has a broad knowledge of housing law and has been practicing in this area for the over 10 years. His housing practice includes homelessness, public law and human rights defences, along with defences involving disability discrimination issues under the Equality Act 2010. In the context of housing cases, Gary also has experience of community care law - including assessments under section 47 of the National Health Service and Community Care Act 1990 and accommodation under section 21 of the National Assistance Act 1948 - as well cases where defendants are protected parties. Before being called to the Bar, Gary was a partner at a niche housing law firm and therefore has the benefit of practical litigation experience. He regularly delivers practical-based training to solicitors and housing advisers.

Tony Martin: London 16-17 March / London 11-12 July 2017

Tony Martin is a solicitor specialising in landlord and tenant and housing law. Alongside his work as a trainer, Tony supervises a student led legal advice clinic and teaches law at BPP University. He qualified as a solicitor in 2001 in a private Legal Aid firm and then practised as a senior solicitor in a Law Centre. Tony has spent all his working life in housing, having worked in hostels, special needs housing and housing management in the voluntary sector and at a senior level in a homelessness service and in housing policy for a London local authority, prior to qualifying as a solicitor. He is a Fellow of the Higher Education Academy. Tony has undertaken detailed homelessness and housing options case file reviews for local authorities and voluntary organisations, as well as undertaken staff performance interviews, workshadowing and written summary reports for Shelter Consultancy since 2013.

CPD hours 10