Possession Claims, Unlawful Evictions, Disrepair Claims, and Breach of Licensing Laws

In addition to aiding tenants, our exceptional and seasoned Housing Solicitors are fully committed to assisting private landlords and letting agents facing claims initiated by tenants and Local Authorities. These claims encompass a wide spectrum, ranging from possession claims to alleged illegal evictions or disrepair claims.

At Lords Solicitors, our objective is to represent landlords and letting agents in the most effective and cost-efficient manner. Our ability to advocate for both landlords and tenants uniquely positions us to expedite solutions to various challenges that landlords or letting agents may encounter. These challenges can encompass actions against tenants for rent arrears, breaches of tenancy terms, or the defence against alleged unlawful eviction claims and disrepair claims.

Our dedicated, experienced, and professional Solicitors are also well-equipped to support you in defending against any claims, including those related to breaches of Licensing Laws, that may be lodged by the Local Council.

A homelessness review, appeal, or judicial review occurs when a decision rendered by a local housing authority or housing association is believed to have neglected the legality or inaction associated with that decision.

The crucial focus is not on the decision’s ultimate outcome but on whether the appropriate application of the law and procedures was adhered to in reaching that decision.

Any decision made by the local authority or housing association can be challenged through an appeal or review process as defined by Section 204 of the Housing Act 1996 (amended by the Homelessness Act 2002).

At Farani Taylor, our housing solicitors possess extensive experience and are fully prepared to handle such cases on your behalf. We have a proven track record of effectively contesting homelessness decisions made by local authorities.

If your private landlord has initiated a possession claim for your residence under Section 21 or Section 8 Notice, or if your social landlord has issued a possession claim based on a Notice to Quit or other forms of notices, we are here to offer our support.

We will thoroughly investigate your situation and provide guidance on the most appropriate course of action. If there are grounds to defend against the landlord’s claim, we will vigorously challenge it and represent your interests in court.

In cases where there is no viable defense or the defense’s prospects are limited, we strive to identify a suitable solution for you. This may involve delaying the eviction process if you require additional time to secure alternative accommodation.

The issue of housing disrepair can affect tenants in both social housing and privately rented accommodations. When a landlord neglects or disregards the need for necessary repairs or fails to maintain the property in proper condition, it can be significantly disruptive. Such actions, which are legally mandated under Section 11 of the Landlord and Tenant Act 1985 and the terms of the tenancy, can pose challenges for tenants and their families. This is especially true for individuals with pre-existing medical conditions that may worsen due to the property’s condition.

At Lords Solicitors, we specialize in addressing and resolving disrepair issues. Our approach includes following the Housing Disrepair Pre-Action Protocol procedure and providing legal representation in court.

Our goal is to legally compel landlords to rectify the issues and, where applicable, seek damages on your behalf. Our team’s track record of successful outcomes underscores our ability to assist.

According to the law, if a tenant passes away, their spouse/partner or cohabiting individual may succeed to the tenancy if they were residing in the property as their primary residence at the time of the tenant’s death.

Recent legal changes mean that immediate family members no longer automatically inherit a tenancy. There are situations, however, where the deceased tenant’s family may still be eligible for succession, depending on the terms of the tenancy agreement or the policies of social housing providers.

The ability to succeed to a tenancy can hold substantial value for family members. For instance, it might grant them the right to purchase the property at a discounted rate.

If you meet the criteria or believe you could qualify for tenancy succession following a tenant’s passing, our reputable and experienced solicitors can assist you. In cases where the local council or social landlord refuses to transfer the tenancy to you, our team is prepared to challenge such decisions through legal proceedings. Over the years, we have successfully represented numerous clients in tenancy succession matters, achieving outstanding results for them.

Our extensive experience has shown that some landlords and letting agents occasionally attempt to expedite the eviction of tenants from their properties without securing a proper possession order and prior notice of eviction.

According to the Protection from Eviction Act 1977, it is considered illegal to evict a tenant with a valid tenancy agreement without the involvement of a court order. Some tenants occupy properties under licensing or lodger agreements, which do not provide the same level of tenure protection. Nevertheless, seeking legal advice is a prudent step, even if you are residing in a property based on a license or lodger agreement, as you may still be covered under the Act.

Should it be established that a landlord has wrongfully evicted you from your rented residence, you may have grounds to seek damages under the Act. In cases where you wish to return to the property, you can apply to the court for an injunction order compelling the landlord to allow you back in. If the landlord has taken possession of your personal belongings, you also have the option to petition the court for the return of those possessions.

If your local housing authority or social landlord initiates proceedings in the County Court to secure an Injunction Order under the Anti-Social Behaviour, Crime and Policing Act 2014, our dedicated team is ready to provide comprehensive support in defending your case, up to and including the final hearing, contingent upon a merit assessment.

Additionally, we can represent you in the County Court concerning an application for committal based on an alleged violation of a Court Order initiated by the local housing authority or social landlord against you.

Our accomplished team of housing solicitors boasts an impressive track record of effectively defending the aforementioned proceedings. Therefore, if you find yourself facing such proceedings and need assistance, please don’t hesitate to reach out to us. If there are vulnerabilities in your case, we will offer guidance to help you make informed decisions before the matter escalates further.

Multiple financing options are available for your case. We will provide you with more comprehensive information after discussing the specifics of your case. Nonetheless, the following are the ways in which we may potentially support you:

1. Legal Aid, contingent on your eligibility.
2. Private payment with the potential to agree upon a fixed fee.
3. No Win No Fee (Conditional Fee Agreement).

Lords Solicitors offers Legal Aid for various legal areas, including Crime, Family, and Housing. Housing cases encompass Possession Proceedings under Section 8 or Section 21, Homelessness Review/Appeal, Unlawful Eviction, and Disrepair brought as a counterclaim in Section 8 proceedings (e.g., related to rent arrears).

Furthermore, our Civil Legal Aid Contract extends to addressing a range of other legal matters, including but not limited to Civil Injunction, Committal Proceedings, Anti-Social Behavior, Housing Disrepair as a standalone claim, provided it poses a substantial risk to an individual’s health, and Judicial Review/Appeal.

Eligibility Criteria for Legal Aid: If you receive Passported Benefits or Non-Means Tested Benefits (such as Income Support, Job Seekers Allowance Income-related, Employment and Support Allowance Income-related, or Universal Credit), you are automatically entitled to Legal Aid, subject to a capital assessment.

Even if you do not receive the aforementioned benefits, you may still qualify for Legal Aid, but this depends on an assessment of your income and assets.

To determine your eligibility for Legal Aid in your specific case, our team will discuss this with you during your initial contact or meeting. We will also inform you about the necessary documentation required if you qualify for Legal Aid.

Your home should serve as a secure and comfortable haven for you and your family. If this is not the case, we are here to help. We have secured substantial compensation for council house tenants and effectively resolved numerous disputes.

If you fall into rent arrears, your landlord may issue eviction threats and may even initiate court proceedings. To pursue eviction, they must obtain a repossession order, which involves adhering to a prescribed legal process. If you find yourself in this situation, seeking legal advice promptly is essential.

Your initial course of action should involve communicating with your landlord to address and resolve the issues. Should satisfactory results not be achieved through this process, it may be necessary to consult a housing and property law expert to ascertain your rights in this situation.

In many cases, unfair decisions can and should be contested, typically starting with an appeal and a discussion with your local council to articulate the reasons you believe their decision was unjust. However, specific advice for your unique situation necessitates full disclosure. Please contact us for personalized guidance on your circumstances.