Defending Possession Claims
If your landlord threatens to evict you, you should know your rights, understand how to avoid eviction and defend your possession claim.
The law provides safeguards to prevent unfair and arbitrary evictions. By understanding your rights, you can take the necessary steps to navigate the eviction process.
You should know when a landlord is entitled to seek possession and when a possession claim is maliciously intended. Landlords may use Section 21 or Section 8 notices as legal grounds for eviction.
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Defending Possession Claims
It can be upsetting to get a possession notice or court documents for eviction, but it’s crucial to realize that you still have choices. Tenants may be able to oppose an eviction in the County Court and contest a possession claim with the correct legal counsel.
Tenants frequently receive assistance from our skilled housing solicitors in London when they need to contest eviction notices, fight possession claims, or reply to Section 21 and Section 8 actions. Due to landlords’ failure to fulfill their legal obligations, many possession claims are unsuccessful.
Possible Defences to a Possession Claim
There are a number of legal defenses that can be used in London to counter a possession claim, including:
- contesting a Section 8 or Section 21 notice’s legality
- Not providing required information or safeguarding a tenancy deposit
- Invalid or missing EPC, EICR, or Gas Safety Certificate
- Inaccurate notice durations or incorrectly sent notices
- The tenancy type, such as social housing tenancies or Housing Association tenancies
- Counterclaims for rent arrears, claims for damages, or set-off arguments
- Contesting the reasonableness of the landlord’s requested possession order
- Errors in the County Court possession process
The claim may be rejected, postponed, or renegotiated on more favorable terms as a result of these defenses.
Defending a possession claim is legally complex and the consequences can be serious, including homelessness and court costs. For this reason, obtaining advice from specialist tenant eviction defence solicitors in London is strongly recommended. Our London-based housing law solicitors at Adam Bernard Solicitors offer customized legal advice, draft defense statements, defend tenants in court, and, when necessary, engage in negotiations with landlords and their lawyers. We take proactive measures to safeguard your rights and get the best possible result.
Get in touch with our expert Solicitors today.
When is a Landlord Entitled to Possession?
To legally evict you using a Section 21 notice, your landlord must follow the proper legal process. It includes providing at least two months’ written notice and using the correct form (Form 6A in England or Form AT6 in Scotland).
The notice must also comply with other legal requirements, such as the deposit protection scheme regulations. If the notice is defective or the landlord fails to follow the correct process, you may have grounds to dispute the eviction.
Landlords typically give two types of notices when seeking eviction of the tenants:
Section 21 Notices: This notice is commonly used by landlords to regain possession at the end of a fixed-term tenancy or during a periodic tenancy. It’s important to note that a Section 21 notice is a “no-fault” eviction, meaning the landlord doesn’t have to provide a specific reason for seeking possession.
Section 8 Notices: A Section 8 notice is used when a landlord seeks possession based on specific grounds, such as rent arrears, breach of the tenancy agreement, or anti-social behaviour. Unlike a Section 21 notice, the landlord must provide a valid reason for seeking possession.
If the landlord can’t fulfil the requirements or the grounds for possession are not substantiated, you may have grounds to challenge the eviction.
It’s important to understand that even if you receive a Section 21 or Section 8 notice, you still have legal options to dispute the eviction. These may include challenging the validity of the notice, demonstrating that the grounds for possession are unfounded, or negotiating with your landlord to find a mutually acceptable solution.
To effectively dispute eviction notices, you must seek legal assistance. Experienced housing solicitors can review your case details, assess the notice’s validity, and guide you through the legal process. They can help you understand your rights, explore potential defences, and present your case effectively if it goes to court.
How Does the Possession Procedure Work?
As a tenant facing a possession claim, you must understand how the procedure works. This knowledge can empower you to navigate the process effectively and make informed decisions with the guidance of a legal professional. Let’s explore the key aspects of the possession procedure.
- Grounds for Seeking Possession: Landlords or property owners may seek possession based on specific grounds, such as breach of the tenancy agreement, anti-social behaviour, rent arrears, or expiry of a fixed-term tenancy. Each ground has its own requirements and criteria that must be met.
- Serving a Notice: Before initiating legal proceedings, your landlord must serve you with a notice. This is typically a Section 21 or Section 8 notice, depending on the circumstances and grounds for possession. The notice should clearly state the reasons for seeking possession and provide you with a reasonable period to respond or rectify the issues, if applicable.
- Court Proceedings: If you fail to address the issues raised in the notice or dispute the grounds for possession, your landlord may commence court proceedings. This involves submitting a claim to the court and providing evidence to support their case. You can respond to the claim and present your defences as a tenant.
- Possession Order: If the court finds in favour of your landlord, they may grant a possession order. This order specifies a deadline by which you must vacate the property voluntarily. It’s crucial to adhere to the possession order to avoid further legal complications.
- Warrant of Eviction: If you fail to comply with the possession order or remain in the property beyond the specified deadline, your landlord may apply for a warrant of eviction. The warrant authorizes bailiffs or enforcement officers to remove you from the property forcibly.
- Suspension of the Warrant: In certain circumstances, the court may consider suspending the warrant of eviction. This could occur if you demonstrate exceptional circumstances or hardship caused by immediate eviction. The court will assess the situation and decide based on your case’s specific circumstances.
Throughout the possession procedure, seeking legal advice and representation is crucial. A housing solicitor can guide you through the process, help you understand your rights, and present your case effectively.
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Possible Defences in Possession Proceedings
If you are facing a possession claim from your landlord, knowing that you have potential defences available to protect your rights and interests is essential. Here are some possible defences you can consider when defending against possession proceedings:
- Deposit Protection: If you have paid a deposit for your tenancy, your landlord must legally protect it in a government-approved deposit protection scheme. Failure to do so may weaken your landlord’s case for possession. You can check if your deposit has been protected and, if not, raise this as a defence.
- Housing Association Tenancy: If you have a tenancy with a housing association, you may have additional rights and protections. Housing association tenancies often come with secure or assured tenancy status, which means your landlord must follow specific procedures to seek possession. Understanding and asserting these rights can be crucial in defending against possession claims.
- Counterclaims for Arrears: If your landlord is seeking possession based on rent arrears, you may have the opportunity to counterclaim. This means you can present evidence to dispute the arrears claimed by your landlord. For example, if you have made payments that were not adequately recorded, or if you can demonstrate that the arrears amount is incorrect, it can significantly impact the landlord’s case.
- Unreasonable Possession Order: If your landlord has obtained a possession order, you may challenge its validity as unreasonable or disproportionate. This can be particularly relevant if you show that you have taken steps to remedy any issues or if eviction would cause exceptional hardship to you or your dependents. Presenting a strong case for an unreasonable possession order could result in the court reconsidering its decision.
It’s important to note that these defences can vary from case to case, depending on the unique circumstances of your case. It is crucial to seek help and advice from a housing solicitor who can assess the details of your situation and provide tailored guidance.
Get in touch with our expert Solicitors today.
Why Hire Our Housing Solicitors?
When facing a possession claim from your landlord, you must have the support and expertise of experienced housing solicitors who can effectively defend your rights and interests.
Here at the London-based Adam Bernard’s law firm, we have experienced housing solicitors who can help defend your possession claim. Here’s why you should choose our housing lawyers:
- Expertise in Housing Law: Our solicitors are experienced in housing law and possess in-depth knowledge of the legal intricacies surrounding possession claims. They are well-versed in the relevant legislation and case precedents, enabling them to provide accurate advice and build a strong defence tailored to your specific circumstances.
- Strong Advocacy and Representation: Our solicitors will act as your dedicated advocates throughout the entire legal process. They will analyze your case, gather evidence, and present a robust defence on your behalf. With their expertise in negotiation and litigation, they seek to garner the best possible outcome, whether contesting the validity of the possession notice, presenting strong defences, or negotiating an alternative resolution.
Get in touch with our expert Solicitors today.
By hiring our housing solicitors, you gain a valuable ally who will protect your rights, guide you through complex legal procedures, and fight for your best interests. Their comprehensive understanding of housing law and their ability to provide strategic advice and representation will give you the confidence and support you need to navigate the possession claim process effectively.
Common Mistakes Tenants Make When Facing Possession Claims – and How We Help
It can be difficult to defend a possession claim, and many renters inadvertently damage their case by committing blunders that could have been avoided. Your chances of a favorable result can be greatly increased by being aware of these dangers and getting legal counsel as soon as possible.
Common Mistakes Tenants Make
Ignoring eviction notices or court papers
gnoring a Section 21 notice, Section 8 notice, or County Court claim form is one of the most significant errors. A possession order may be granted without your side being heard if deadlines are missed.
Assuming eviction is inevitable
Many tenants mistakenly think that once they get a possession notice, they have to go. In actuality, a lot of possession claims in London are flawed because of mistakes in notices, missing paperwork, or improper procedures.
Not raising available legal defences
Tenants frequently neglect to present legitimate defenses, such as inadequate notice periods, missing Gas Safety Certificates, invalid EPCs, or failures in deposit protection. A landlord’s claim may be completely void due to these problems.
Failing to submit counterclaims
Tenants may be able to counterclaim for damages, overpayments, or inaccurate rent calculations when rent arrears are asserted. Unfair possession orders may result from failing to bring up these issues.
Attending court without legal representation
Tenants who appear in court without legal representation may find it difficult to successfully argue their position or refute the landlord’s evidence because possession hearings proceed swiftly.
How Adam Bernard Solicitors Help Tenants
At Adam Bernard Solicitors, our experienced housing solicitors in London provide early, strategic advice to help tenants avoid these mistakes. We:
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Review eviction notices and court papers for legal defects
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Identify and raise all available defences to possession claims
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Prepare and submit defence statements on your behalf
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Advise on counterclaims, including disrepair and rent arrears disputes
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Represent tenants at County Court possession hearings
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Negotiate with landlords to seek delays, suspensions, or alternative outcomes
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Provide clear guidance to protect you from unlawful or unfair eviction
Our proactive approach ensures your rights are fully protected and that no legal opportunity is missed.
Contact Adam Bernard Solicitors on 0207 100 2525 to speak with our London-based housing solicitors and get expert help defending your possession claim.
Frequently Asked Questions
You can defend your eviction by challenging a Section 21 or Section 8 notice, raising procedural errors, or using other legal defences. A London housing solicitor can guide you through this process.
A Section 21 notice is a “no-fault” eviction, but landlords must follow legal requirements such as giving at least two months’ notice and protecting your deposit. If they haven’t, you can dispute the eviction.
Yes. Section 8 is issued for specific reasons like rent arrears or breach of tenancy. Tenants can raise defences such as incorrect notice periods, errors in court paperwork, or counterclaims for disrepair.
While not legally required, hiring a tenant eviction solicitor in London ensures your defences are correctly presented and increases your chance of a successful outcome.
Ignoring a notice can lead to a possession order being granted in the landlord’s favour and eventually a warrant for eviction. Responding promptly with legal support is crucial.
You generally have 14 to 28 days from receiving the court papers to submit a defence. A housing solicitor can help you file on time and avoid default judgments.
No. Evicting a tenant without a court-issued possession order is illegal. Such unlawful eviction can result in criminal prosecution and compensation claims.
Common defences include:
Landlord failing to protect your deposit
Missing Gas Safety Certificate, EPC, or EICR
Incorrect notice or procedural errors
Disputing rent arrears or counterclaims for repairs
Challenging the reasonableness of a possession order
