Housing/Landlord & Tenant Disputes
The law governing the respective rights and responsibilities of landlords and tenants is extremely complex, and varies depending upon the type of tenancy in question i.e. whether it is a council or private tenancy, or even a long lease of 99 years.
Our litigation team has a proven track record in dealing with all types and complexities of housing problem. Our legal team are skilled at dealing with housing matters, and have a wealth of court experience between them.
The Legal Aid Agency have awarded us a contract to provide the Housing Loss Prevention Advice Service (HLPAS) at North Shields County Court. To read more on this please see the news article here.
Appointments can be offered at short notice.
Possession
Possession
Where a landlord wishes to terminate a tenancy he must serve formal notice on the tenant; the form of that notice will differ, depending on the type of tenancy in question.
In some circumstances the law sets out specific grounds which must be proven by a landlord before a tenancy can be terminated.
In all cases of residential tenancies, no tenant can be evicted without a court order first being obtained. Most housing cases will therefore involve a court hearing at some point.
Many housing cases will require an urgent response, for example where a possession hearing is looming or bailiff’s appointment has already been set.
Our litigation team has a proven track record in dealing with all types and complexities of housing problem and have a wealth of court experience between them.
Homelessness
Homelessness
Most people who have nowhere to live will make a homelessness application to their local council who have an obligation to help those who are homeless or threatened with homelessness. If that application is rejected by the local council, the applicant will require urgent legal advice as he/she will have only 21 days to request a review of that decision.
Before the request for a review is submitted, careful consideration will need to be given to whether or not the council has acted lawfully in rejecting the application.
The law on homelessness is governed by Part 7 of the Housing Act 1996 amended by the Homelessness Act 2002 and Homelessness Reduction Act 2017, which is bolstered by a Code of Guidance and case authorities. It is a complicated area of law, but one with which our housing team are especially familiar.
Whether you are contemplating making a homelessness application or have already submitted one, we can advise you on your rights.
Harassment
Harassment and unlawful eviction
There are laws which affect how a landlord can behave. These laws are complex.
If a landlord does something which interferes with the tenant’s ability to live in their home in peace, or is intended to make the tenant leave, this could amount to harassment.
No residential tenant can be evicted without a court order and the law sets out a very specific, formal procedure which must be followed before a property can be repossessed from such a tenant.
Seeking to evict a tenant of residential premises without following this procedure can constitute unlawful eviction, which is both a criminal and civil offence.
A tenant who has been unlawfully evicted may be entitled to an injunction allowing them to return to the property and possibly to compensation from the landlord.
Whether you are a tenant who believes he/she has been unlawfully evicted, or a landlord who is accused of unlawful eviction, we can provide you with the advice and assistance you need.
Anti-Social
Anti-Social Behaviour
Allegations of anti-social behaviour can result in not only the threat of possession proceedings, but also the threat of injunctive proceedings (an “ASBI”) or of an exclusion zone order.
Anyone threatened with any or all of these should immediately contact us for legal advice. Representation at court is very likely to be required. We can provide this, at short notice if necessary.
Succession
Succession Rights
A tenancy may be in the name of one family member only, despite various family members having lived together in the property continuously for many years.
If the family member in whose name the tenancy is registered dies, one of the other family members may succeed to, or ‘inherit’, the tenancy.
Whether or not succession rights exist will depend upon the specific circumstances of each individual case.
If you are in doubt about your rights, and especially if you have been threatened with eviction following the death of a family member with whom you have been living, we can provide you with the advice and assistance you need.
Repairs
Repairing Obligations
Virtually every landlord of residential property will have repairing obligations to his/her tenant, although the nature and extent of those obligations may vary from one tenancy to another.
In addition, the law implies certain repairing obligations onto landlords of residential property, such as in respect of the installations for heating, hot water and sanitation.
If you are a tenant suffering from disrepair at your property, and would like to know what, if anything, you can expect your landlord to do to deal with it, we can provide the guidance you need.
If you are a landlord and are unsure of what your tenant can properly expect of you, we can advise you on your obligations.
Forfeiture
Forfeiture
Forfeiture is a remedy which is available as against a tenant of a long leasehold interest who breaches the terms of his/her lease, for example, by failing to pay rent, service charges or to carry out repairs.
Since the implementation of the Commonhold and Leasehold Reform Act 2002, restrictions have been imposed on the right to forfeit.
It is imperative that any landlord who wishes or seeks to forfeit a lease seeks legal advice before doing so. We can provide this advice.
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