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BPTC Law Notes Property and Chancery Notes

Example Advocacy Possession Notes

Updated Example Advocacy Possession Notes

Property and Chancery Notes

Property and Chancery

Approximately 107 pages

A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, also...

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The following is a more accessible plain text extract of the PDF sample above, taken from our Property and Chancery Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

OPEN THE CASE

REFER TO STATEMENTS OF CASE

CALL WITNESS – LANDLORD OR MANAGING AGENT

PROVE LANDLORD’S TITLE

PROVE TENANCY AGREEMENT

PROVE RENT ARREARS (OR OTHER GROUND FOR POSSESSION)

PROVE SERVICE OF NOTICE

ASK FOR POSSESSION, RENT AND INTEREST TO DATE

ASK FOR COSTS

  • Usually District Judge – Sir/Madam

  • Documents are non-contentious, witness may be lead to existence.

INTRODUCE PARTIES AND REPRESENTATIVES

May it please the Court, I appear for XXX, the Claimant in today’s proceedings. The Defendant today is unrepresented.

INTRODUCE THE CASE, STATING IT IS ACTION FOR POSSESSION, AND UNDER WHICH ACT AND GROUND(S)

This is an action for possession, pursuant to section 8 of the Housing Act 1988 for XXX currently in the possession of the Defendant. The ground for the application is rent in arrears under Ground 8, 10 and 11.

REFER TO CLAIM FORM

Sir/Madam, If I may refer you to the Claim Form

The Claim Form is contained in XXX

REFER TO POC: DATE AND RELEVANT DETAILS OF TENANCY AGREEMENT, PARTICULARS OF GROUNDS FOR POSSESSION, AND SERVICE OF RELEVANT NOTICE

Sir/Madam, If I may refer you to the POC:

As stated in paragraph 2, the premises are let to the Defendant under an assured shorthold tenancy which began on 8th October 2013, the rent is 550 and is payable monthly.

The ground for possession is as stated in paragraph 3 your Honour, the Defendant has failed and continues to fail to pay rent since the month of January 2014, the rent of which is due on the 7th of each calendar month.

As stated in paragraph 4, the Claimant’s agents sent rent demands to the Defendant in January 2014 and February 2015. Moreover, they sent a section 8 notice and final demand on 1st March 2016.

CALL YOUR WITNESS: USUALLY LANDLORD OR MANAGING AGENT OF THE PROPERTY

XXX – Claimant (not in Country)

XXX – Affidavit of service and schedule of rent in arrears

ASK THEM WHO THEY ARE

ASK THEM TO PROVE THAT LANDLORD OWNS THE PROPERTY

PROVE THE TENANCY: ASK TO PRODUCE LEASE AND STATE AMOUNT OF CURRENT RENT. HAND UP TO JUDGE. DRAW ATTENTION TO RELEVANT...

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