Property Possession Proceedings and Unlawful Evictions

This course will cover:  

• Tenancy types and possession: secure tenancies, assured tenancies and assured shorthold tenancies 
• The scope and limitations of the Housing Acts 1985, 1988 and 1996 
• Discretionary and mandatory grounds for possession and when seeking possession on each ground is lawful 
• Termination and possession of Rent Act 1977 protected tenants 
• Demoted tenancies, introductory tenancies and family intervention tenancies 
• Security of tenure and when it is lost 
• Lawful and unlawful eviction proceedings 
• Tenant deposits  

By the end of this course, you will be able to:  

• describe the different tenancy types and the legal protections that each affords 
• understand the options around termination of a tenancy and the rules around serving notices of possession 
• describe the requirements that must be met for service of a s.21 notice to be valid and when such a notice is not compliant 
• recognise the key mandatory and discretionary grounds that can be relied on for s.8 notices and when such a notice is not compliant 
• understand the rights and protections against eviction afforded to tenants and licensees and what constitutes unlawful eviction  
• identify when landlords may commit the tort of unlawful eviction 

Module 1: Tenancy types and possession (50 minutes) 

By the end of this module, you will be able to:    

• describe the different tenancy types, including secure, assured shorthold, demoted, introductory and flexible tenancies  
• understand the different legal protections of each type of tenancy  
• appreciate the options for terminating the different tenancy types  
• understand the rules around serving notices of possession  
• understand the mandatory and discretionary grounds available for possession 

 Module 2: Eviction notices (40 minutes) 

By the end of this module, you will be able to:    

• appreciate the difference between s.21 and s.8 notices
• understand the requirements that must be met for service of a s.21 notice to be valid
• identify if the Mannai defence is available for a s.21 notice that is not compliant or not on the prescribed form
• understand the key mandatory and discretionary grounds that can relied on for s.8 notices
• identify when s.8 notices on rent arrears grounds are not valid, due to non-compliant rent increases

Module 3: Unlawful eviction (15 minutes)  

By the end of this module, you will be able to:     

• understand the different rights and protections against eviction afforded to tenants and licensees 
• identify where landlords commit the tort of unlawful eviction
• identify where landlords are in breach of the covenant of quiet enjoyment 
• understand what conduct may constitute unlawful eviction 
• appreciate what damages are available to affected tenants and licenses 

Course format 

 This online course consists of the following elements: 

• an interactive course presentation, with a variety of knowledge checks spaced throughout to test understanding of the material as the learner progresses 
• an end-of-course assessment consisting of 10 questions 

Our courses conform to Web Content Accessibility Guidelines 2.1. However, some members may require an alternative version for accessibility purposes. This is available upon request via our contact us form.  

Assessment  

In order to pass the assessment, you must achieve a pass mark of 70%.  

The knowledge checks included in the course presentation are intended to aid your understanding of the content and offer the opportunity to apply your knowledge. They do not form part of the assessment. 

 Our modules conform to Web Content Accessibility Guidelines 2.1. However, some members may require an alternative version for accessibility purposes. This is available upon request via our contact us form.