Obtaining & Enforcing Possession Orders & Orders for Sale - An Advanced Guide

Introduction

Possession actions are never far from the news: evictions are on the increase as the rental market swells in demand; mortgage possessions are up as people struggle with increases in rates; the government increasingly calls for change but has yet to legislate.

In this space there have been piecemeal reforms which can cause confusion on the best approach to take.

This new full day in-person course will focus on how to obtain a possession order or orders for sale across all the property formats: AST, shared ownership, leaseholder and freehold.

Property forms the largest class of asset that provides security for debts.

There are however increasing steps and potential for judicial intervention in mortgage actions and orders for sale based on charging orders.

The course will also cover how to proceed with action based on mortgages or where property forms a security for debts.

Finally, practitioners will be all too aware that the order is only the first step.

The course will also look at the legal and practical problems of enforcing and re-taking possession.

What You Will Learn

This course will cover the following:

• Recap on possession actions across all tenures
• Possession by lenders including the powers of LPA receivers
• Dealing with beneficial interests and TOLATA
• The interplay between property and insolvency law including s238A IA 86 ‘home rights’
• Enforcement and last-minute pitfalls including the Debt Respite Scheme as seen in Kaye v Lees