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Possession: s21 and Mandatory Grounds and Public Law Defences

Thursday 9 July 2020

This webinar was brought to you by the Garden Court Chambers Housing Team. Positioned at the forefront of social housing legal advice, Garden Court Chambers is ranked in Band 1 of the Chambers UK Bar Guide, in recognition of our outstanding expertise in this area of law. 

Date: Thursday 9 July 2020
Time: 11am - 12:30pm
Venue: Zoom  
Cost: Free
Areas of Law: Housing Law

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It appears possession proceedings will return to the Courts in September upon the likely lifting of the stay under PD 51Z resulting in a major surge in possession claims especially by use mandatory grounds in the absence of any legislative mitigation of the impact of s 21 or Ground 8 by the Government.

This webinar provided an update on case law combined with practical approaches to defences, and counterclaims, to mandatory grounds for possession and to claims under section 21 Housing Act 1988. This discussion included the understanding and effective use of public law and procedural defences combined with the development of defences using the Equality Act 2010, the best interests of children, human rights defences and when, and if, to involve or transfer the matter to the High Court. Special consideration was given to the use of such defences on the lifting or easing of the stay under PD51Z on the 23 August 2020 due to the COVID 19 pandemic and public health considerations.

This webinar also covered a discussion of the recent decision of Trecarrel House Limited v Patricia Rouncefield [2020] EWCA Civ 760 and the potential implications for procedural defences based on housing health and safety regulations.

The speakers were Sebastian Elgueta and Tim Baldwin of the Housing team. Liz Davies chaired the webinar.  

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