Defending Possession Proceedings

Facing possession proceedings can be a traumatic experience and it can be difficult to work out what your legal rights are and whether there is anything you can do to keep your home.

Whether you have fallen into rent arrears, are being accused of anti-social behaviour or another breach of your tenancy agreement or have received a ‘section 21’ notice from a private landlord, we may be able to assist you to keep your home.

If you have received any of the following you can contact us to discuss your options:

  • A notice from your landlord asking you to leave your home by a certain date;
  • Papers from the court notifying you that your landlord has issued a claim for possession of your home;
  • A possession order from the Court;
  • A notice of eviction from the Court notifying you of the date on which a bailiff will evict you from your home.

If you have a private tenancy and your landlord wants the property back and has served you with a section 21 notice, then your landlord does not need to show that you are at fault in any way to gain possession of your home. However, there are a number of defences that are available to private tenants in this situation, for example if you have paid a deposit and the landlord has failed to protect it in a registered scheme.

If you have a tenancy with a Housing Association or a Council then there is a good chance that you may have a defence to the proceedings and be able to keep your home as in most cases the landlord is required to show that it is reasonable to make a possession order.

If you have a defence then we will support you every step of the way with Court proceedings.

If you have received a possession order from the Court or a warrant for eviction then it may still be possible to keep your home, particularly if you have a Housing Association or Council tenancy. If your case is strong enough we can assist you to apply to set aside the possession or suspend the warrant of eviction.

We hold a contract with the Legal Aid Agency to provide Legal Aid to those who are facing the loss of their home. This funding is subject to strict eligibility criteria, both in terms of your income and the merits of the case. Check your financial eligibility here.