Property
Defending possession claims
Being served with a notice seeking possession or a court claim for possession can be extremely worrying, particularly where your home, family stability or health is affected. We advise tenants and occupiers on the options available, the strength of any defence, and the practical steps that can be taken to protect your position.
Possession claims can arise for many reasons, including rent arrears, alleged breach of tenancy, anti-social behaviour allegations, expiry of a fixed term tenancy, mortgage-related issues, or notices served by private landlords. The correct response will depend on the type of tenancy, the notice relied upon, the paperwork served, the history of the tenancy and any wider circumstances that may be relevant.
We focus on giving clear, early advice. Where there is a proper defence, we will help you put that defence forward. Where the claim is likely to succeed, we can still advise on time to leave, repayment proposals, suspended orders, negotiation and steps that may reduce the risk of immediate eviction.
How we can help
We can advise and assist with possession matters involving:
- Section 8 and Section 21 possession claims brought by private landlords.
- Rent arrears proceedings, including repayment proposals and suspended possession orders.
- Allegations of breach of tenancy, nuisance, anti-social behaviour or damage to property.
- Checking whether the notice and court papers have been prepared and served correctly.
- Considering issues involving deposit protection, licensing, gas safety, energy performance documents and other tenancy paperwork.
- Defences involving disrepair, disability, vulnerability, proportionality, discrimination or procedural unfairness.
Reviewing the landlord’s case
A possession claim should not be accepted at face value. The court will need to consider whether the landlord has followed the correct procedure and whether the legal grounds relied upon are made out. In some cases, a claim can be defended because the notice is invalid, the wrong procedure has been used, the arrears figure is inaccurate, the property required a licence, or the landlord has failed to comply with key obligations.
We will review the tenancy agreement, notices, rent statement, correspondence, inspection records and any previous complaints. If you have reported repairs, experienced harassment, asked for reasonable adjustments, or tried to resolve matters before proceedings were issued, those matters may be relevant to the way the claim is defended or negotiated.
Preparing for court
Possession proceedings often move quickly. It is important that the acknowledgement, defence and supporting evidence are prepared properly and filed within the required timescales. We can help prepare a clear statement of your position, identify the documents needed and advise you on what to expect at the hearing.
Where appropriate, we can seek to negotiate with the landlord before the hearing. That may include agreeing a repayment plan, asking for the claim to be adjourned, seeking time to secure alternative accommodation, or inviting the landlord to deal with repairs or paperwork issues before taking further steps.
A practical approach to protecting your home
The priority in many possession cases is to avoid immediate loss of the home. Sometimes that means fighting the claim. In other cases, it means achieving more time, reducing arrears, agreeing realistic terms or ensuring that the landlord cannot bypass the proper court process.
We will advise you honestly about prospects, costs and risk. Our aim is to help you understand the strongest points in your case and the most practical outcome available in the circumstances.