HOUSING & PROPERTY LAW

Any decision of the local authority or housing association is subject to an appeal/review by the court under Section 204 of the Housing Act 1996 (as amended by the Homelessness Act 2002).

At Farani Taylor, our housing solicitors are highly experienced and fully equipped in bringing such cases on your behalf. We have a strong track record for successfully challenging homelessness decisions of local authorities.

Has your private landlord issued a claim for possession of your home under Section 21 or Section 8 Notice?  Has your social landlord issued a claim for possession on the basis of a Notice to Quit or any other types of notices?

If so, we can help you investigate the matter and advise you on the best course of action available to you. If the landlord’s action can be defended, we vigorously challenge the claim and make appropriate representation for you at Court.

Where there is no defence available or that the merit of the defence available is poor, we try our best to find a suitable solution for you. This may include simply delaying the eviction if you need more time to locate alternative accommodation.

Housing disrepair is a problem that almost all tenants can experience in both social housing and privately let accommodation.

It can be very disruptive if a landlord has declined or simply ignored to carry out remedial works or  failed to maintain the property in a suitable condition. Something that he is legally required to do so under Section 11 of the Landlord and Tenant Act 1985 and/or terms of the tenancy.

We understand the impact of such failure on a tenant and their family members, particularly if someone is already suffering from medical condition that can be exacerbated by the condition of the dwelling.

At Farani Taylor Solicitors, we can help you solve any disrepair issues. This includes following the Housing Disrepair Pre-Action Protocol procedure and providing representation for you at Court.

Our aim is to legally compel the landlord to fix the fault as well as pursuing them for damages where applicable. The team’s track record of success speaks for itself and they can help.

Please also check out our page for Housing Disrepair we have listed out the step-by-step process for making housing disrepair claims and other detailed information.

The law states that a deceased tenant’s spouse/partner or cohabitee can succeed a tenancy if they were occupying the dwelling as their principal home at the time of the deceased’s death.

Recent changes in the law have meant that immediate family no longer would automatically succeed a tenancy. There are times whereby the deceased’s family may be able to succeed however, it requires analysis of the provisions of the tenancy or social housing policies.

Being able to succeed a tenancy could be extremely valuable to family members. An example of which would be the right to buy the property at a discount amount.

If you meet or believe you could meet the criteria as to whether you could succeed a deceased tenancy, our reputable and experienced solicitors can help you. Depending on the facts of the case, if the local council or social landlord refuses to transfer the tenancy to you, the decision can be challenged through the Court. Our team has acted for many clients in the past in respect of tenancy succession and they have achieved fantastic outcome for them.

Our experience tells us that there are landlords and letting agents who sometimes try to cut corners and evict tenants from their properties without first obtaining a possession order and notice of eviction.

Under the Protection from Eviction Act 1977, it is unlawful to evict a tenant who has a tenancy agreement without a court order. There are tenants who occupy properties on the basis of a licence or lodger agreements which do not attract the same security of tenure. However, even if you are occupying a property based on a licence or lodger agreement, there is no harm in seeking legal advice as you might be covered under the Act.

If it is proven that a landlord has unlawfully evicted you from a rented property, you may be entitled to damages under the Act. It is also possible (provided that you want to move back in to the property) to apply to the court for an injunction order requiring them to allow you back into the property. If the landlord has seized your personal possessions, you could also apply to the court for the delivery up of those possessions.

If your local housing authority or social landlord has issued proceedings in the County Court for an Injunction Order under the Anti-Social Behaviour, Crime and Policing Act 2014, our dedicated team can assist you in defending the case all the way including the final hearing subject to merit assessment.

In addition, we can represent you in the County Court in respect of an application for committal on the basis of an alleged disobedience of a Court Order that is instigated by the local housing authority or social landlord against you.

Our excellent team of housing solicitors have a fantastic track record of successfully defending the proceedings named above. Therefore, if and when such proceedings are issued against you and you require assistance, you are welcome to contact us. Where there are weaknesses in your case, we will advise you accordingly so that you can make a sound decision before the matter is escalated any further.

Under the Protection from Harassment Act 1997, if someone is harassed, intimidated, verbally abused or threatened can apply to the County Court for a Civil Injunction Order against the perpetrator.

In our experience, this is quite common place among neighbours and the dispute can arise from anything ranging from complaining about a neighbour placing/throwing their rubbish in your driveway/garden to having serious arguments concerning excessive noise during the day and throughout the night which effectively deprives you of your quiet enjoyment of your home.

Breach of an Injunction Order can be enforced by way of Committal Proceedings. So, if a person fails to comply with the terms of the Order, you can ask the court to send him/her to prison for up to two years.

If you have a problem such as the above, we can help you reach a resolution for you either by writing to the perpetrator or to apply to the Court for a Civil Injunction Order. Our experienced team of Housing Solicitors have successfully assisted many clients in the past and so their expertise in this area will definitely help you.

If you are looking for further information please also check out here for Civil Injunctions and Neighbor Disputes.

There are various options open for a case to be funded. We will discuss this with you in more details once we have discussed your case with you.  However, the followings are the ways in which we may be able to assist you.

• Legal Aid subject to your eligibility
• Privately Paying with the possibility to agree fixed fee
• No Win No Fee (Conditional Fee Agreement)

At Farani Taylor Solicitors, we can provide you with Legal Aid in respect of Crime, Family and Housing (Housing incudes Possession Proceedings under Section 8 or Section 21, Homelessness Review/Appeal, Unlawful Eviction, Disrepair brought as a counterclaim in Section 8 proceedings (i.e. rent arrears)).

In addition, under our Civil Legal Aid Contract, we can also assist you with regards to many other arrears of law including but not limited to Civil Injunction, Committal Proceedings, Anti-Social Behaviour, Housing Disrepair as a stand Alone Claim provided it causes serious harm to individual’s health and Judicial Review/Appeal.

Eligibility Criteria for Legal Aid:

If you are in receipt of Passported Benefits/Non-Means Tested Benefits (i.e. Income Support, Job Seekers Allowance Income-related, Employment and Support Allowance Income-related, Universal Credits, you are automatically entitled to Legal Aid subject to capital assessment.

If you are not receiving any of the above benefits, you may still be entitled to Legal Aid but subject to assessing your income and capital.

Whether or not you are eligible for Legal Aid in relation to your particular case, our team discuss it with you when you first contact us or meet us including informing you of what documentation we require from you should you be eligible for Legal Aid.

Your home should be a safe space for you and your loved ones and if it’s not, we can help. We have claimed thousands of pounds in compensation for council house tenants and successfully resolved thousands of disputes. Contact our Housing solicitors and find out more here.

If you are in rent arrears your landlord can threaten to evict you and even try and take you to court. To do this they will require a repossession order and will have to follow a specific process in order to be able to obtain one. Don’t delay in seeking legal advice if you are in this position. Contact us today for free, no-obligation advice on what action you can take.

Your first step will be to contact your landlord and attempt to resolve the situation with them. If a suitable outcome cannot be met, it may be time to reach out to an expert on housing and property law for the classification of your rights in this situation.

Depending on the circumstances most unfair decisions can and should be challenged. You can start with an appeal and speak with your council about why you believe their decision was unfair. However, without full disclosure, we cannot advise generally on what you should do. If you would like more advice then please contact us and we can advise you on your individual circumstances.