There are various reasons why your landlord may issue possession proceedings against a tenant.
Claims for Possession due to allegations of Antisocial Behaviour
Where you are facing court proceedings brought by the local authority based on allegations of antisocial behaviour, we can provide advice and represent you in the court proceedings. Any findings that you have committed antisocial behaviour may lead to a possession order being made against you.
Claims for Possession due to Rent Arrears, Subletting or other breach of tenancy agreement
Where you are facing court proceedings because your landlord claims that you are in arrears with your rent or because you have sublet the property or breached other terms of your tenancy agreement, we can offer expert advice and represent you in the court proceedings to avoid a possession order being made against you. All cases are different and our advice will depend on the circumstances of your particular case.
Claims for Possession due to Mortgage Arrears
We can offer advice if you have fallen into mortgage arrears. We can also represent you if your lender has applied to court for an order to repossess your home.
To evict a tenant the landlord must follow a specific legal procedure and there are different procedures for different types of tenancy agreement. If you have been illegally evicted because these procedures have not been followed, we can advise on the legal position. Depending on the circumstances of your case, we may even be able to obtain from the court an emergency injunction so that you can return to your home.
We can advise you on your legal rights where:
• you are or are threatened with homelessness;
• a local authority refuses to let you make a homelessness application;
• you have already made a homelessness application – we can help to ensure the council considers your application fairly and speedily;
• the council makes an unfavourable decision – we may be able to assist with a statutory review of that decision; and
• the council upholds its decision under review – we can advise on taking the matter to court to appeal the decision on a point of law.
[Correct as at January 2017]