Housing Law Solicitors
Our landlord and tenant solicitors will clearly explain how the law applies to your situation. We have a robust record as tenant eviction solicitors in defending possession claims. We understand how difficult and stressful it is when faced with losing a home and will fight to protect your rights.
To obtain a possession order and be able to evict a tenant from their home, landlords must adhere to the correct legal procedures. In most cases they will be required to serve a notice and obtain a possession order from the court before a bailiff can legally evict a tenant.
If you have received a notice seeking possession, a claim form and/or a notice of hearing, contact our tenant eviction specialists for advice. We are recognised leaders in this field and are strong advocates in defending possession claims. We hold legal aid accreditation to help you protect your home.
If your Landlord decides to start possession proceedings against you, they will first have to serve you with a notice. The notice can be served for a variety of reasons including:
You’ll have 14 days in which to put in your Defence and any Counterclaim you wish to make. If you file an acknowledgement of service, you’ll have an additional 14 days, 28 days total. Although, this isn’t the case for section 21 claims.
With section 21 claims, unless a tenant files a Defence, a Judge will usually be able to deal with the claim without a hearing. Therefore, it’s important that you file a defence so that a hearing is listed, and you can put across your case.
Once a possession order has been made and the time to leave the property has passed, your Landlord can apply for a warrant of eviction.
You will receive a copy of the warrant once it has been issued by the court. It will list a time and date for your eviction. On the eviction date a court bailiff will attend the property. You will usually be given a short time in which to collect your belongings before vacating.
You can seek to suspend the warrant by making an application to court. In rent arrears cases, this is usually to propose a payment plan.
The length of notice will depend on what allegations are being made against you.
For tenants with Assured Shorthold Tenancies, the most common notice is a section 21 notice. This requires the Landlord to provide at least two months’ notice before proceedings are issued. However, the notice does not require the Landlord to provide a reason.
Once a possession order has been made and the time to leave the property has passed, your landlord can apply for a warrant of eviction.
You’ll receive a copy of the warrant once it’s been issued by the court. It’ll list a time and date for your eviction. On the eviction date a court bailiff will attend the property. You’ll usually be given a short time in which to collect your belongings before vacating.
You can seek to suspend the warrant by making an application to court. In rent arrears cases, this is usually to propose a payment plan.
After a claim is issued at court you will receive court papers, which will include:
Contact our housing experts today to find out how we can help you with your disrepair.
Head of Housing Law & Partner
“The firm has an outstanding client-centred approach. They are responsive, dedicated, and committed to achieving the best outcomes by being approachable and providing effective solutions.”
“This is one of the leading teams of solicitors in social housing law in England. They regularly take on high-profile and challenging cases in homelessness, allocation of social housing, possession, and disrepair claims.”
If your landlord or mortgage provider is taking action against you to re-possess the property you live in, you will want to understand the legal process involved and ensure it is carried out within the law.
Hodge Jones & Allen, is well known for representing homeowners who find themselves facing possession claims, so we understand how to protect your rights and fight your corner. Whatever your circumstances, we will do everything we can to protect the roof over your head.
Your mortgage lender must follow rules about how they deal with you. Before taking any court action your lender must follow pre-action protocol rules. Therefore, your lender should only take court action as a last resort. You should note however, that the pre-action protocol does not cover buy-to-let mortgages so if you have tenants living at the property, they might have the right to stay even if your home is repossessed.
In most cases, your lender will try and seek possession because you are in arrears. If you’re in mortgage arrears then you should negotiate with your lender and consider how to move forward without the need for court action.
Your lender must treat you fairly and they must consider any reasonable suggestion you make to pay off your arrears. Your lender should discuss your financial situation and give you a reasonable chance to pay off your arrears and keep your home. They must also send you one a leaflets offering advice on steps you can take to keep your home from any of the following:
Your lender can delay court action for several reasons. For example, if you’re likely to apply for support for mortgage interest or you make a claim under the mortgage payment protection policy. Other reasons also include a reasonable payment plan or if you decide to sell the property.
There have been many occasions where we’ve assisted clients to negotiate a reasonable payment plan and stop them from being evicted from their home.
If all options are exhausted, your lender will apply to the court to repossess your property. You’ll receive a court order with the date of the hearing and your lender’s reasons for seeking possession. You should seek legal advice at this stage to consider whether you can defend your case, and if so, how.
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 one of only four firms in the UK to be listed as a Tier 1 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.
You’ll find our 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’s landlord issued a claim for possession on the grounds that there were alleged rent arrears exceeding £30,000. We defended our client on the basis that the actual arrears were a fraction of that alleged, and in brought a counterclaim for breach of quiet enjoyment, harassment, and disrepair. The premises suffered from water penetration, defective windows, and internal leaking. The landlord had failed to carry out the requisite repairs and had harassed our client to force him to pay the alleged outstanding rent and/or vacate the property. The landlord made regular threats of violence, switched off the gas and electricity supply by deliberately damaging the pipes, let himself into the premises without giving notice to the tenant and changed the locks. The possession claim was struck out and our client secured damages of £26,650, plus interest.
Type of Claim: Unlawful Eviction
Damages Awarded: £26,500 + Interest
Money was owed due to a change in circumstances and the knock-on effect on benefits. Over lockdown, the two Defendants’ relationship broke down and they separated. This caused further issues with benefit due to the money owed being caused by further changes in circumstances. The first Defendant contracted Covid which led to their health deteriorating, and was subjected to bedroom tax deduction and only half the rent as tenancy was in joint names. We negotiated the settlement for proceedings to be put on hold for 6 months to allow further time to appeal the benefit award. Counterclaim was brought on the basis of disrepair and fitness for human habitation and the landlord agreed to pay compensation, which had the effect of cancelling out the money owed by £6,000.
Type of Claim: Money owed due to knock-on effect on benefits
Damages Awarded: £126,500 + Interest
If your Housing Association or social Landlord is taking legal action against you for alleged anti-social behaviour, we can help defend your case every step of the way, including representation in the County Court.
A Possession Order is usually made which requires the tenant to leave within 14 days. However, the time can be extended up to a maximum of 56 days if you’re able to show that you’d suffer exceptional hardship if you had to move out within 14 days.
You should contact your Landlord to agree a time and date to pick up any remaining items.
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.
