Housing Landlord and Tenant


We provide guidance for landlords and tenants on all housing issues. We are highly experienced at finding solutions to your housing issues and aim to address cases expeditiously and effectively.

We can guide you on matters or issues relating to local housing authorities, housing applications, tenants, landlords, ownership, repairs and many more. This department also regularly represents clients in the courts, ensuring they receive the highest quality assistance throughout their case.
You will find our solicitors are passionately committed to defending the rights of those in need of housing. We will fight rigorously to get the best possible result we can achieve.

We understand how important it is to have a place you can call home, and because it’s important to you, it’s important to us. We can offer a full range of specialist housing law services such as:

HOUSING

• Homelessness
• Disrepair
• Eviction
• Illegal Eviction
• Succession for tenants
• Neighbourhood problems
• Debt
• Anti-social behaviour

LANDLORD & TENANT

• Rent Arrears – Possession Order
• S21 Notice and Accelerated possession proceedings.
• Drafting Assured Shorthold Tenancies
• Deposit Schemes
• Protecting your buy-to-let Property
• Specialise in the retention of Non EEA National Rights following any failure of marriage to an EEA National.

There have been many changes to Legal Aid over the years and unfortunately we are unable to deal with many housing issues however Legal Aid is still available for possession claims, homelessness, eviction and unlawful eviction, re-housing, disrepair, judicial review.

FAQs

This includes defending possession proceedings from both public and private landlords
Funding is available for counterclaims, including disrepair counterclaims
Funding is available regardless of the grounds for possession as long as there is a defence
Assistance for mortgage repossession cases is also available (but these cases are now classified as ‘debt’ cases and subject to the telephone gateway)
Legal Help is available as soon as possession is being sought, i.e. when a notice is served.

Funding is available to assist clients with their homeless applications
Funding is also available for provision of accommodation through community care services and for accommodation for asylum seekers
This includes requesting reviews of negative decisions or requesting reviews of suitability of accommodation
Funding is available for County Court appeals

Funding is available for assistance in setting aside a warrant of eviction
Funding is also available to bring a claim for unlawful eviction
As long as the client falls within the definition of homeless then assistance can be provided in relation to their application for re-housing.
Therefore, funding should be available for anyone living in unsuitable accommodation if it is construed unreasonable to remain in current accommodation. Hence such applicant will be deemed homeless.

Where there is a serious risk of harm to the health and safety of a client or their family legal aid is available to pursue a disrepair claim
Funding does not cover any claim for damages in civil proceedings.
Legal Aid is therefore only likely to be suitable for very urgent injunction cases where compensation is minimal.
Legal Help can be used to investigate prosecutions under the Environmental Protection Act but alternative funding will have to be used to take the case to Court.

Funding is available for housing judicial review cases.
Note, however, the coming changes to judicial review – providers will only be guaranteed payment if they are granted permission to bring

Funding is also available for anti-social behaviour cases and injunctions relating to harassment in the home.

Whatever your reasons for becoming a landlord, managing and letting property can be complicated and you may experience the following types of problems:

• You may wish to give notice to an occupant and obtain possession;
• You may have a tenant who is failing to pay rent or breaking other terms of their tenancy;
• Your property may require repairs and you may be concerned as to how these will be carried out with a tenant in occupation;
• Your tenant may be complaining about defects at the property and you are unsure as to who is responsible for remedying those defects;
• Your tenant may be complaining about a neighbouring tenant and you are unsure how to deal with the conflict;
• Your tenant may have contacted the Local Authority about the property and you may be unsure as to how to deal with Local Authority Regulations or whether your property should be licensed/registered.

Whatever your concerns, our landlord and tenant solicitors can assist and represent you in finding a solution to your problems.

This firm has substantial experience in acting for clients in proceedings in the County Court, High Court, Court of Appeal and House of Lords

Q: I’m on benefits does that mean I will be able to get Legal Aid?
A: Not necessarily, unfortunately there have been cuts to legal aid meaning not all areas of Housing are covered; also your income will also need to be assessed to determine whether you qualify for legal aid.

Q: I want to evict my tenant, what do I need to do?
A: The first thing you will need to do is serve a notice on your tenant, and then an application for a possession order should be made to the court where the tenant does not leave at the end of the notice period.