Eviction can be a traumatic experience under any circumstance, but particularly so if your landlord is acting unlawfully. Fortunately, there are laws to protect you if you have been subject to harassment, abuse or unlawful eviction from your landlord and it is possible through prompt legal action to apply to have a tenant reinstated in their home and/or to seek compensation.
We can support you through this distressing event and we hold a legal aid franchise in this area.
If you’re evicted without a court order, we can assist you with obtaining an injunction against your Landlord to re-permit you access to the property. We can also assist with a claim.
Landlords must allow their tenants ‘quiet enjoyment’ of their property, and permit utilities like gas and electricity to be supplied. They are not allowed to evict you before the end of your tenancy, enter the house without your permission or unlawfully damage your property.
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Our experienced Housing Lawyers can help protect you from unlawful eviction and, if your Landlord has broken the law, we can assist you with a claim for compensation.
We’re recognised as one of the highest ranking law firms for social housing and tenant law in the UK. In fact, we’re listed as a Tier 2 firm for this area of law in the Legal 500 guide. We’re also recommended as a leading team in housing law by Chambers UK.
Our expert Solicitors are passionately committed to defending the rights of those in need of housing. We’ll fight rigorously to get the best possible result we can achieve.
Our client suffered harassment from her landlord and was unlawfully evicted from her shared accommodation within 2 months of entering the tenancy. The eviction took place during the pandemic and the eviction ban that had been put in place by the government. After successful negotiation from our Housing Law team, it was agreed that she would be paid compensation.
Type of Claim: Illegal Eviction
Damages Awarded: £15,000 in damages awarded
Due to the contract that we hold with Brent Council Tenant Services, we frequently assist tenants who have been threatened with eviction after a possession order or who have been unlawfully evicted. A tenant called us after he returned from work and found the locks to his flat had been changed by his private landlord. We contacted the landlord and requested they let the client back in with immediate effect. When the landlord refused we applied for an injunction on the same day that the client approached us. This was granted and the landlord was forced to let the client back into his home.
Outcome: Access to Property
The likelihood of your Landlord getting you evicted will depend on the type of tenancy agreement you have and the reason that the landlord is seeking possession. If you have an assured or secure tenancy, the court will not order possession unless grounds to do so have been proved.
There are many arguments that could be put forward in defence of any such claim. Although private tenants have less secure tenancies, there are often valid defences which can be put forward to avoid being evicted. We can advise you further in this regard.
This will depend on the type of tenancy agreement you have and the value of your rent arrears. Most council tenants are secure tenants. Under this type of tenancy, it is unlikely that the court will make an outright possession order if there are compelling circumstances, which led to the rent arrears like housing benefit problems. You may even be able to claim backdated housing benefit and it may be possible to seek a postponed possession order, which means you will not have to leave your home, providing you pay a specified amount as ordered by the court.
Hodge Jones & Allen’s housing solicitors are recognised by Chambers & Partners as one of the leading firms in the field. We are also noted by Legal 500 for our depth of expertise and our compassionate, client‑focused approach. You can be confident that our team is highly experienced in managing even the most complex and challenging housing law matters.
Hodge Jones & Allen Solicitors is proud of the many positive testimonials that we receive, reinforced by our ‘Excellent’ rating on Trustpilot. Please read through what some of our clients have had to say about their experience with our legal teams.