Possession proceedings due to rent arrears (Council/Housing Association/Protected/Rent Act/Private-Assured Shorthold Tenants).
If you are a Council or Housing Association Tenant and have a permanent tenancy, if your Landlord issues possession proceedings due to rent arrears you can defend the possession proceedings. It is important to note that prior to seeking possession of your property your Landlord (Council or Housing Association) must follow the Rent Arrears Protocol issued by the Ministry of Justice. If you can establish that there are outstanding housing benefit issues or your property suffers disrepair issues you can defend the possession proceedings and also to make a counterclaim against your Landlord for disrepair issues.
If you are a private tenant and your Landlord seeks possession due to rent arrears (on the ground 8, mandatory ground) you can defend the possession proceedings provided your property suffers disrepair issues and you have made complaints to your Landlord and to the Council’s Environmental Health Team/Home Improvement Team. If your landlord failed to protect your deposit, you can file counterclaim to recover up to 3 times of your deposit from your landlord).
Accelerated Possession Proceedings (often known as Section 21 Proceedings)
If your Landlord seeks possession on the basis of 8 weeks’ /2 months’ notice you have limited defence to defend such as your Landlord’s notice under Section 21 is invalid or no proof of service of a notice or whether the property is a house in multiple occupation most or whether your Landlord has protected the deposit in accordance with the Housing Act 2004 and provided you prescribed information. If your Landlord failed to protect the deposit and not provided prescribed information then your Landlord is not entitled to issue proceedings under Section 21 also known as Accelerated Possession Proceedings. Often Landlords issue Section 21 Notice and seek to recover rent arrears through possession proceedings. If your Landlord failed to protect the deposit as mentioned above you are entitled to issue a counterclaim in relation to the non-compliance of the Housing Act 2004 regarding a rent deposit.
Possession proceedings due to anti-social behaviour including nuisance
If your Landlord is seeking to recover possession of the property on the basis of alleged anti-social behaviour or causing a nuisance you can defend the possession proceedings. If the Landlord serves an incorrect Notice to Quit the Court may reject or refuse to grant possession of your property to the Council. We can assist you to defend the possession proceedings at the County Court.
Possession Proceedings due to Breach of Tenancy Agreement
If your Landlord seeks to recover possession of the property due to breach of the Tenancy Agreement not in relation to the mentioned above categories still you are entitled to defend the possession proceedings at the County Court.
Debt/Mortgage Possession Proceedings
If your mortgage company issue possession proceedings due to the non-payment of monthly instalments, we can assist you to defend the claim.
Since 2007 if you move to a private landlord address or if you are living in a private landlord house your landlord is expected to comply with the Housing Act regarding tenancy deposit. If your landlord fails to protect the deposit with the following agencies: my deposit, DPS or TDS then your landlord is not entitled to give Section 21 or seek possession under an accelerated procedure however you can make a claim against a landlord for 3x your deposit to be paid. Under the Housing Act 2004 you can seek to recover up to 3x your deposit from your landlord. We assist you in relation to issuing a claim and to recover up to 3x of your deposit.
Unlawful Eviction / Illegal Eviction under Harassment
If you live in a Private Landlord’s property often they give notice and ask you to leave their property. Under The Housing Act your Landlord is expected to comply with the legal procedure to carry out eviction such as issuing proceedings, obtaining possession proceedings and issuing a Bailiff Warrant. If your Landlord fails to follow this legal procedure then this amounts to unlawful / illegal eviction and you are entitled to seek an injunction and compensation from your Landlord. If your Landlord is harassing you then you are entitled to seek an injunction and also compensation under The Protection from Harassment Act and other housing legislation.
If you a Council or a Housing Association Tenant or living at a Private Landlord’s property you do have legal rights to request your Landlord to fix the disrepair issues at your property. Legislation such as the Landlord and Tenant Act and Defective Premises Act and Housing Act are giving the rights for Tenant to invoke the rights provided under this legislation to seek appropriate remedy at the County Court. Often Environmental Health authority at the Council may issue criminal prosecution proceedings at the Magistrate Court against Private Landlords and Housing Associations. Due to the changes in Legal Aid eligibility you have right to invoke/enforce on this legislation to direct your Landlord to carry out the disrepair work. Legal Aid is limiting your funding to seek compensation against your Landlord. More often Legal Aid allows us to deal up to if you do have any rent arrears to set off them.
There are two kind of homelessness prevailing in the UK (1) street homeless; and (2) homeless at home. If you are a British citizen and if you have priority to be assisted under The Housing Act (medical or physical condition) or if you have dependants such as any children the Council provide you housing assistance. The second category is homeless at home. If your property is not suitable for habitation (it is not reasonable to continue to occupy the property) then you may be entitled for assistance from the Local Authority as a homeless person.
Funding Your Case
Legal Aid / Legal Help
If you are in receipt of benefit such as income support, state guarantee pension credit, job seekers allowance and employment and support allowance or if your income is low, you may qualify for legal aid.
If you do not qualify for legal aid, we aim to charge at reasonable fixed rate.
We also offer 20 minutes free consultation with clients to discuss their housing problems.