Possession

Housing Law case reports

Possession

1) Our client, Ms A, was defending court proceedings for possession in which the landlord claimed rent arrears of £1,500. The housing benefit authority had failed to determine Ms A’s housing benefit claim, which created the arrears in rent.

We took urgent steps to get a decision from the housing benefit authority and the Court proceedings were adjourned on terms to enable a decision to be obtained from them whilst the decision was being made.

2) Ms P’s landlord issued proceedings for possession due to rent arrears of £4,150. We successfully helped Ms P get the possession proceedings struck out because the claim form for possession had failed to identify the landlord as the Claimant.

3) Our client, a pensioner, had been living in rented accommodation on an upmarket London High Street since the seventies. The property formed part of a valuable block which passed through various owners, the latest being an insurance company, who wanted the property back for redevelopment purposes.  They offered our client £100,000 to leave on the basis that they would re-house him in alternative rented accommodation, just a few minutes away. Our client was very fond of the property and rejected the insurance company’s offer. In response, they upped their offer to £300,000 but our client was not prepared to leave for that sum either.

As our client was protected by the relevant provisions in the Rent Act 1977, unless the parties could reach an agreement, the insurance company would have to go to court to recover possession.  They proceeded to issue a claim.

We made it clear that it would be strongly contested and prepared to defend our client’s claim. As a result, the insurance company subsequently agreed to drop their claim and made our client a payment of £550,000 to leave the property.

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