Tenancy Deposit Issue

Tenants renting private property have specific rights under UK law. These rights include the right to have a deposit returned at the end of the tenancy, and the right to have it protected under certain circumstances. For tenants who find themselves in dispute with a landlord over a deposit, a housing solicitor can provide advice on how to successfully resolve the issue.

In the case of tenants signing an assured shorthold tenancy, a landlord is typically required to put the deposit they receive from a tenant in one of three government-approved protection schemes. The schemes help to ensure that a tenant will receive the deposit back at the end of the tenancy, provided that they have adhered to the terms of the tenancy agreement. If a tenant and landlord are in agreement on how much deposit the tenant is due to get back, the money in question must be returned to the tenant within ten days of the conclusion of the tenancy. In the case of a dispute, the deposit is held in the tenancy deposit scheme until the dispute has been resolved. Housing lawyers will advise clients on this.

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A holding deposit – money given over for the purposes of holding a property until an agreement is signed – does not have to be protected. Once a tenant has signed an agreement, however, the holding deposit becomes a regular deposit and it must be protected. A landlord must lodge a deposit with a tenancy deposit scheme even if the deposit has been paid by a third-party, such as a parent or a rent deposit scheme run by the local council.

For private sector tenants who cannot afford to put down a deposit to rent a property, there are deposit guarantee schemes available under the terms of which a local council will submit a guarantee to a landlord for the deposit. To see if they are entitled to participate in a deposit guarantee scheme, tenants should contact their local authority. 

A dispute over the return of a deposit may arise for a number of reasons. One reason is the assertion by a landlord that the property has fallen into an unacceptable state of disrepair in the course of the tenancy, thus entitling the landlord to the deposit as a charge against repairs. If a tenant disputes such an assertion, they should seek the advice of a disrepair solicitor such as Duncanlewis.co.uk to establish if they have a case.
 
Going to court over a deposit issue should be a final resort. Housing solicitors such as Duncanlewis.co.uk will advise clients to raise their concerns with the landlord in the first instance. If they get no satisfaction from this course of action, the tenant can write a formal letter to the landlord stating their problem. If a case does end up in court, hiring the services of a reputable and professional housing solicitors firm will ensure that clients get the greatest possible assistance through to the conclusion of their case. 

If a tenant is unable to get their deposit back and the landlord put the deposit in a tenancy deposit protection scheme, tenants should contact the relevant scheme. A housing possession solicitor is an independent source of advice for those with housing issues. 

Succession Rights

If a tenant dies, under UK law their tenancy does not automatically come to an end. For legal purposes, a tenancy is classified as property and can be left to a spouse, civil partner or, in some cases, a family member under UK succession rights. A housing solicitors firm such as Duncanlewis.co.uk will be able to advise clients on succession rights. 

It may also be possible for a tenant to transfer tenancy during their lifetime to another party. In a process known as assignment, some tenants are permitted to pass a tenancy on to specific family members. Under the system of mutual exchange, tenants in council and housing association properties are permitted to swap homes. In a divorce or separation case, courts can order that a transfer of tenancy takes place. Again, a reputable housing solicitor such as Duncanlewis.co.uk will be able to successfully advise clients of their rights under these arrangements.

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If someone has been granted the right to assume a tenancy under succession, they are not obliged to do so and should seek advice from a housing solicitors firm, for example, before agreeing to do so. Among the factors to take into account is whether the person assuming the tenancy can afford to pay the rent, as if they were to be financially stretched in the property they could fall into arrears and be evicted. Perhaps the property in question is too far away from their work or family and it is not practical to move in. If they choose not to move in to the property, the person in question may find that if they subsequently have to ask a local council for accommodation then the council may declare them intentionally homeless, as they passed on a home in which they could have chosen to live. A housing possession solicitor will explain the law as it applies to this area. A disrepair solicitor can advise clients on any issues relating to a property’s state of repair.

In the case of a council tenancy, only one succession can take place. Where an original tenancy was deemed a joint tenancy and one of the original tenants is deceased, the surviving joint tenant will have come under the succession laws. Housing lawyers can advise clients on this and any other housing issues.

For those who are not joint tenants, it may be possible to assume a tenancy if the person in question was the tenant’s spouse or legally registered civil partner and was living with the original tenant when they died. In the case of a demoted tenancy, they have to have been living in the property for one year beforehand. Another family member will also be able to assume the tenancy, provided that there is no surviving spouse or civil partner and they were living in the property with the deceased for at least one year before they died. In the case of secure council tenancies signed after 1stApril 2012, no family member has a right to succession unless it is allowed in the tenancy agreement. If a person gets a council tenancy through succession, the tenancy agreement will be the same type as the one signed by the original tenant.

For reliable advice on all aspects of succession, clients should consult their housing solicitor.

Security of Tenure

Under the Housing Act 1996, assured shorthold tenancies were made the standard tenancy for private sector housing rentals. From a tenant’s perspective, the only security an assured shorthold tenancy provides them with is that the landlord cannot secure eviction for the first six months. Any tenant under threat of eviction in the first six months of a tenancy should seek advice from a housing solicitor. After the six months, unless a new tenancy agreement is in place, the landlord can evict the tenant on the basis of a minimum two months’ notice. A housing possession solicitor understands the law as it applies to this area.

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In previous decades, tenants enjoyed much stronger security of tenure; however, this could prove troublesome for a landlord, especially if they wanted to sell their property, as sitting tenants often had the effect of reducing a property’s value. The revised law on security of tenure has, unfortunately, led to problems for tenants, many of whom experience a reduced sense of security and less opportunity to see their rights enforced. A housing solicitors firm such as Duncanlewis.co.uk will discuss with tenants where they stand in terms of security of tenure, should a dispute with a landlord arise. Some tenants may not be fully aware of their rights and even if they are, they may be unwilling to seek redress out of concern that a landlord may evict them. A professional housing solicitor such as Duncanlewis.co.uk will assure clients of their rights.

If a fixed-term tenancy has expired but a tenant remains in the property  no matter for how short a period of time  a periodic tenancy automatically comes into force. Under a periodic tenancy, neither tenant nor landlord is required to do anything and the tenancy can proceed for an indefinite period and under the same terms as the fixed-term agreement. Anyone concerned about their tenancy should consult housing lawyers. Where a dispute arises over repairs, a tenant should consult a disrepair solicitor. 

In terms of security of tenure, other conditions a tenant needs to look out for and that a housing solicitors firm can advise on include licenses and occupiers with basic protection status. The granting of a license does not result in the creation of an estate in land and the licensee merely obtains permission to occupy the property.  

Those staying in hotels, hostels or lodgings, where the landlord is in residence but where the tenant does not gain exclusive possession of any part of the property, are subject to license arrangements. Such arrangements also apply to those letting a room in someone’s house, holiday lettings, employees residing in a business premises, and some multiple occupation properties.

Occupiers with basic protection, also known as common law tenancies, come into force in situations where a tenant is sharing with the landlord and enjoys exclusive possession of part of the property – a self-contained flat, for example. Such tenants have less protection than tenants with assured shorthold tenancies. A housing solicitor will talk a client through the details of a common law tenancy. 

For security of tenure, and also for the reassurance of a landlord, a housing solicitor would advise clients not to go into a tenancy on a casual basis and to have all written agreements signed and witnessed.

Reviews against council decisions

If someone has a grievance against a local council in the UK over a decision made in the area of housing, they are entitled to challenge that decision. They may be a homeless person whose application has been turned down, or they may have had a request for housing benefit rejected. Alternatively, they may be living in council-provided accommodation or even more permanent council housing that they deem inadequate. 

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A housing solicitor will be able to advise clients on what action to take if appeals outside of the courts have been unsuccessful; however, before a case goes to court, there are other forms of redress that someone can seek. They can seek a review at the council level itself, or take an appeal to the Local Government Ombudsman. It may be useful to appeal to the ombudsman if a case has been subject to particularly long delays, or if an individual believes the council to have discriminated against them. The grounds for discrimination may be based on any one of a number of factors, including race, colour, ethnic or national origin, religious beliefs, gender, sexual orientation, age or disability.

If the ombudsman rules in someone’s favour, it can issue a recommendation that the individual or household be compensated. Housing lawyers will advise clients on what course of action to take.
If the review of a council decision does not go in a client’s favour, a solicitor such as Duncanlewis.co.uk may recommend that they appeal to the county court. It should be noted that an appeal must commence within 21 days of the date that the client has received the decision of the review.

Further up the legal ladder, it might also be possible to launch a judicial review; this will centre on the way the decision was arrived at, rather than the decision itself. A judicial review must begin in the High Court, so specialist legal advice  beyond a housing possession solicitor  is essential before any such process is undertaken.

It can be hard to determine whom to contact to initiate a complaint. In the case of council tenants, they can lodge a complaint with the housing department if, for example, the council has not carried out essential repairs or the repairs it has carried out are poor. If a council is not meeting its obligations in terms of a property’s state of repair, a disrepair solicitor can discuss with a client the appropriate course of action.

For homes owned on a long lease, including a home on a shared ownership scheme where the council is the freeholder, an individual has grounds to complain if the council is not meeting its terms under the lease. If the council has caused a hazard to health and safety in someone’s home, there are also grounds for complaint and a review if necessary. The environmental health department would be the appropriate contact in such an instance.

Housing solicitors such as Duncanlewis.co.uk have the necessary qualifications and experience to lead clients through the process of a review against a council decision. Housing solicitors will represent clients adequately and professionally in any dispute that might arise with a local council. 

Rent Arrears Issues

If a private tenant falls behind with their rent, their landlord could evict them. A tenant may be experiencing genuine difficulties in paying rent. If this is the case, they can seek the advice of a housing solicitor. Tenants would be strongly advised, as a first step, to talk to their landlord about any difficulties they might be having financially and to see if it is possible to come to an arrangement. A landlord may not want to lose a tenant who has proven reliable and has looked after the property to date.

Approaching a landlord to discuss an arrears issue shows that the tenant is being genuine about wanting to resolve the issue. A tenant may just need time to pay the money owed, or they could be waiting for a housing benefit claim. Discussing the situation with the landlord and offering solutions can also help strengthen a tenant’s case if the landlord feels they have no choice but to go to court. Housing lawyers will discuss with clients all of their options.

In an alternative scenario, a tenant may feel as if they have no choice but to withhold rent because a landlord has not met his or her obligations to carry out the necessary repairs to a property. A disrepair solicitor such as Duncanlewis.co.uk will be able to advise a client on their rights in such a case.

A housing solicitor will strongly advise a client to read any correspondence they receive from a landlord, as it may contain information about what action the landlord intends on taking regarding rent arrears or other issues that may have arisen.

If a dispute over rent arrears cannot be resolved amicably, a landlord can seek a court order to have the tenant evicted. In such a situation, tenants are advised to have professional legal representation from a reputable housing solicitors firm such as Duncanlewis.co.uk.

The options available to a landlord in a dispute over rent arrears are to:

• Enter negotiations with a tenant over the money owed.
• Ask the courts to issue a money judgment forcing the tenant to pay the money owed.
• Ask the court to issue an eviction order.
• Ask the tenant to leave the property, if they are living with the landlord.

A landlord will find it is more straightforward to secure eviction of a tenant holding an assured shorthold tenancy. It is even simpler for a landlord to secure eviction of a tenant classified as an excluded occupier – the majority of lodgers would come under this category – or an occupier with basic protection. A student living in halls of residence would fall under the latter category. A housing possession solicitor fully understands the law as it applies to this area.

Tenants renting council properties may have introductory or demoted tenancies, meaning that their tenancy is running on a trial or probationary basis. If they fall into arrears with their rent, the council will find it can evict the tenant with little difficulty. For tenants renting from a housing association and who have signed a starter tenancy, similar rules will apply. A housing solicitors firm will be able to tell tenants their rights in respect of council or housing association tenancies.

Judicial Review to Secure Temporary Accommodation

The economic downturn in the UK has led to an increase in the number of families housed in temporary accommodation as a result of homelessness. If a local authority deems a household to be homeless, it will have to provide that household with more permanent housing; however, it may be a number of years before this process is complete. In the interim, the council is obliged to provide appropriate accommodation that meets the needs of the household. A housing solicitor can advise a client on their rights in respect of secure and adequate temporary accommodation.

While they await permanent housing, many households are housed in guesthouses or bed and breakfast establishments by their councils. The theory is that a local authority can only house a family in such accommodation for a period of up to six weeks, and only as a final resort. In addition, the accommodation has to be suitable. The reality is, in many cases, that families  including many particularly vulnerable families  will be placed in unsuitable accommodation and will not be told of their right to seek a review from the council. Housing lawyers will inform clients of their rights.

As if finding themselves homeless as a result of eviction from rented property or repossession of the family home by a financial institution is not bad enough, families can find themselves living in inadequate accommodation for years at a time. As an example, temporary accommodation provided to a homeless household may be inadequate in terms of the space provided for a larger family. Alternatively, the accommodation may be in a state of disrepair. A disrepair solicitor will be in a position to advise those in inadequate temporary accommodation on how to seek redress from the council that housed them. Those whose homes have been repossessed should consult with a housing possession solicitor.

It may be possible to take an appeal against a council decision in respect of temporary accommodation to the county court, but a judicial review may, ultimately, be the only recourse. A housing solicitor such as Duncanlewis.co.uk will advise on the appropriate course of action.

A judicial review is a form of legal redress under UK law aimed at challenging decisions made by a public body and to require them to take a different course of action. The challenge is on the way the decisions have been arrived at, not on the actual decisions themselves. A judicial review has to commence in the High Court, which is why someone seeking such a review needs advice from specialist legal professionals. It is possible to seek a judicial review in respect of temporary accommodation deemed inadequate. Judicial review proceedings can also be taken over other accommodation failures. For example, if a council did not accept a homelessness application, the party in question would be within their rights to take a judicial review in an attempt to secure temporary accommodation in the first instance.

Homeless individuals or households in inadequate or insecure accommodation should consult with a housing solicitors firm, such as Duncanlewis.co.uk, for professional advice on seeking a judicial review in respect of their accommodation.

Defending a Closure Order

A closure order is brought before the court by the police and local authority upon a premise that the property concerned is the site of persistent anti-social behaviour or illegal activity and is seen to be the cause of a persistent, serious nuisance. Such an order will close a building for at least three months to everyone, including those that live there; breaching the closure is a criminal offence.

Possible grounds for a closure order

It is up to the court to determine what exactly constitutes ‘persistent serious nuisance’ or ‘significant and persistent disorder’ and many things may be considered, including, but not limited to, the following:

• Constant and excessive noise at all hours of night and day.
• Large numbers of people coming and going constantly.
• Violence and crime committed in or around the premises.
• Threatening behaviour towards local residents.
• Any instance of a firearm being discharged in or near the premises.
• Disorder associated with alcohol or drug abuse.

Defending a closure order

If a closure order is made on your property it is vital to contact a housing solicitor immediately. This type of order is intended to halt the distress caused to local residents by anti-social behaviour that is associated with a property, rather than an individual, for which an ASBO would be used. In order to defend a closure order you will have to prove that the anti-social behaviour is either not occurring or is not associated with the property. Government agencies use the period of the closure order to attempt to tackle the underlying causes of anti-social behaviour and working with them can help get the order lifted more quickly, in addition to helping you deal with any problems you may be having. A disrepair solicitor or housing possession solicitor may be able to help you deal with the issues that have resulted in a closure order being issued. Most housing solicitors have these kinds of specialists available to advise their clients.

Protection of vulnerable individuals

It is a criminal offence to access a property that is under a closure order, so do not be tempted to remain in your house if it has been closed. Children and vulnerable people are taken into consideration when a closure order is implemented; they will be moved to safe housing and a resettlement programme may be required, especially if a vulnerable person has their property closed due to other people taking advantage of them. Seek help form the council and homelessness agencies if you are worried about the effects of a closure order on your home; a housing solicitor will be able to help you and ensure that your legal rights are not contravened.  

If your home is being used for illegal or anti-social behaviour and you are worried that it may become subject to a closure order then speak to housing solicitors, the Citizens Advice Bureau or the police immediately; there may be things that can be done to help prevent you losing your home to a closure order

Bringing a Claim for Unlawful Eviction

Landlords are not permitted to evict a tenant without following the correct procedure, which involves issuing a section 8 or section 21 notice stating that they are seeking a possession order to have their property return to them. The section 8 notice is served during the first six months of a tenancy agreement and must have grounds associated with it; usually the non-payment of rent, although the tenant breaking any part of the tenancy agreement can also be used. A section 21 notice is relevant for seeking possession after the first six months of tenancy and requires no grounds; it can be served at any point, as long as the date that the land lord requires possession of the property by is not within the first six months of the original agreement. If you think you are being evicted illegally contact a housing lawyer immediately for advice and help.

Lawful eviction

If the landlord has followed the correct procedure and served notices at the right time they still have to obtain a possession order from the court to enable them to reclaim their property. A section 8 claim will require a court appearance and if they wish, the tenant may attend to give reasons why they should not be asked to vacate the property. There are some grounds that make a possession order mandatory, such as the tenant being more than two months in arrears with the rent; however, a court may give you extra time to catch up before an eviction if they feel you intend to make good the outstanding debt. Consult a housing solicitor for more information.

Grounds for an illegal eviction claim

If your landlord has not served a section 8 or section 21 notice; but still evicts you, it is likely to be illegal. Changing the locks whilst you are away or physically removing you and your possessions from the property are both illegal and a housing possession solicitor will be able to help you request an injunction to get your home back and prevent the landlord from repeating the unlawful eviction. Harassment is also a criminal offence and if the landlord is making you feel that you have no choice but to move out or is refusing to carry out repairs to the property, you have good grounds for a harassment claim. In such cases, consult a disrepair solicitor or housing solicitors to help you navigate the court procedures and deal with the legal paperwork. Obtaining an injunction to prevent your landlord evicting you illegally means that any further attempt to do so will be in contempt of court and he or she will face a fine and perhaps even a custodial sentence. You may also be able to claim any costs you have incurred and compensation for distress caused.

The laws relating to illegal eviction are there to protect tenants, so if you feel under pressure to move out or are physically removed from the property, contact the police and a housing lawyer right away; illegal eviction is a criminal offence and the courts are able to move very swiftly to get you back into your home.

Bringing a Claim for Disrepair

Every landlord is obliged to maintain his or her rented property in good order, whether this is stated in your rental agreement or not. If your landlord fails to make necessary repairs to the property that you are living in then you are able to make a claim against them for any discomfort, inconvenience or illness that may arise from the defect. It is a good idea to seek advice from a housing solicitor before making a claim as there are procedures that need to be followed and it would be a waste of time if your claim were to be rejected due to a technicality.

Procedure for the tenant to follow

Before making a claim against your landlord for disrepair damages, make sure that you have a valid claim. It is the responsibility of the tenant to make the landlord aware of the need for repairs to be done and then give sufficient time for them to carry them out. There is no set format for notifying your landlord, telling them verbally is fine, but putting details of the problem in writing and keeping a dated copy may be useful if you need to bring a claim. The tenant must also allow access to the property for the landlord to inspect the problem and for contactors to fix it; there is no claim if you refuse to allow access. It is always a good plan to check with housing lawyers before bringing a claim.

Valid grounds for a claim for disrepair

The landlord is legally obliged to repair any damage or disrepair to a property as long as the tenant is complying with the terms of the tenancy agreement; check with a disrepair solicitor for details on what is and is not covered under section 11 of the Landlord and Tenant Act 1985, which deals with disrepair. The landlord is not required to improve the standard of a property above reasonable living conditions, nor is he or she liable to fix any damage done by the tenant, either by accident or on purpose. If a tenant decides to make renovations without prior consent and this damages the property it is the tenant that must make the repairs. A tenant cannot withhold rent in protest for repairs not being done, although they can come to an arrangement with the landlord to have the repair done themselves. If you decide to do this then be sure to get written quotes and written agreement from your landlord, stating what you will be repairing and how much you have both agreed it will cost. 

If the disrepair is related to your landlord trying to evict you; for example, if he or she is refusing to make repairs because they want you to move out, then seek advice from a housing possession solicitor, as you may have a case against your landlord for harassment, which is a criminal offence. Housing solicitors will be able to help you navigate the procedures and paperwork and ensure that you have a valid claim that will stand up in court.  

Resolve Housing Benefits Issues with A Professional Housing Solicitors Firm

For many tenants in the UK, housing benefits are an issue of great concern. A tenant may be entitled to housing benefit if they are on a low income or in receipt of other benefits. Housing benefit can cover all or a percentage of the rent paid by a tenant. Housing benefit is available whether a tenant is working or unemployed, as it is based on income. A tenant may also be entitled to assistance to pay rent if their benefits are stopped. If a tenant has any concerns about their benefits, they can contact a housing solicitor such as Duncanlewis.co.uk for advice.

In most cases, someone will not get housing benefit if they have savings in excess of £16,000. Those residing in the home of a close relative are not entitled to housing benefit either. Other ineligible parties include asylum seekers in the UK and those who have been sponsored to be in the country. A benefits adviser or the local council will advise someone on whether they qualify for housing benefit, as will a housing solicitor. If a tenant is in receipt of housing benefit and their circumstances change – perhaps because they start working – they should inform their local council, as the change will impact on how much housing benefit they get.

Tenants in receipt of other benefits should get in contact with Jobcentre Plus, which will forward on details of a housing benefit claim to the local council. Those not receiving other benefits can obtain form HCTB1 from their local council or download it from the internet. It might be possible to backdate a claim – a local authority will be able to tell a tenant this. Housing lawyers are another source of advice. A disrepair solicitor will advise clients on any issues relating to the state of a property paid for using housing benefit.

If a tenant is in disagreement with their local authority over a housing benefit decision, they can ask for more information on how the decision was made or ask for a review. They can appeal the decision, which is a process that may be passed to an independent tribunal. Some people may feel better served by independent advice, and this is where a housing solicitors firm such as Duncanlewis.co.uk can prove useful. It is also possible for a tenant to submit a claim in advance for a period of up to 13 weeks. This time period increases to 17 weeks for those aged 60 and above. A claim in advance can prove useful for those who are moving properties, although typically they will not get any monies before they move.

The amount of housing benefit granted is not predetermined. It will depend on income, as previously outlined, and whether a tenant is renting privately or from a council. From April 2013, tenants residing in council accommodation or other social housing who are determined to have at least one extra bedroom in the property could have their housing benefit reduced by 14% for one extra bedroom or 25% for two or more extra bedrooms. A housing possession solicitor will assist clients with any concerns they may have.

Those tenants in dispute over housing benefit, or those tenants who are unsure of their rights, can use a professional housing solicitors firm for independent advice.

Homelessness Applications in Conjuction With Housing Solicitors

If a person finds himself or herself homeless in the UK, one of the country’s local authorities might have to provide them with accommodation. As a first step, someone who has been made homeless should contact their local authority’s housing or homelessness department. The relevant department will assess a person’s circumstances and determine the level of assistance they should be granted. A housing solicitors firm such as Duncanlewis.co.uk can advise clients on all aspects of UK law as it applies to homelessness.

While a council is assessing a person’s circumstances following a homelessness application, the applicant may be entitled to avail him or herself of accommodation on an emergency basis. Housing lawyers can discuss clients’ rights in this respect. The council may also be obliged to protect a homeless person’s belongings while they are living in temporary accommodation. The majority of councils will store items such as furniture, and will make sure that the items are kept safe until the person is able to protect their belongings themselves or until the council no longer has to provide that person with accommodation. It is likely that the council will require payment for looking after someone’s belongings. For someone with pets, the council should look at the option of arranging accommodation for them; however, councils can often be reluctant to do so. Anyone who has been made homeless and who has pets should see if friends or family could take care of their animals. They may have to seek having their pets re-homed using an animal welfare charity.

A decision on homelessness status will be issued in writing and if a person is deemed not to have a local connection, they may be sent to another authority. The decision letter has to explain why the decision was made and must set out the process of appeal. Those deemed homeless and entitled to assistance will be offered temporary accommodation on a longer-term basis and may be entitled to permanent accommodation once it becomes available. If a person is not accepted as being homeless by a local authority, their temporary accommodation will no longer be available to them. For those seeking advice on the law as it applies to homelessness, a housing solicitor can be a good source. A housing possession solicitor can help clients under threat of homelessness because of repossession of the family home.

When someone attends a local authority office for an interview, the advice and assistance provided will depend on their circumstances. If someone is homeless or is under threat of being made homeless in the next 28 days, the council is obliged to take certain steps. They must accept an application; they must offer advice and assistance on how the person can prevent homelessness; and they must offer advice on finding alternative accommodation. Housing solicitors firms will be able to discuss how to use the law effectively in cases of homelessness.

For those provided with emergency accommodation, the type of accommodation available depends on the local authority area. At present, councils are often using hostels or bed and breakfast establishments to meet emergency accommodation needs.

Accommodation provided on a temporary basis has to meet the needs of the household in question. Duncan Lewis housing solicitors can advise on seeking redress.

Housing Solicitors Can Stop Harassment

Private-sector tenants in the UK should know that if their landlord wishes them to vacate a property then he or she must adhere to strict procedures, depending on the tenancy agreement. If the landlord does not follow the correct procedures, they could be guilty of illegal eviction or harassment of tenants. Housing solicitors will advise tenants if they have a case on the grounds of illegal eviction or harassment.

Under UK law, a case for illegal eviction or harassment will, as previously mentioned, depend on the type of tenancy agreement signed. In the case of assured shorthold tenancies (ASTs), which typically govern a tenancy conducted week-by-week or month-by-month for six months minimum and with no fixed date for the end of the tenancy, a landlord will under most circumstances have to issue tenants with a notice to quit. This must be issued in line with the terms of the agreement. Housing lawyers have detailed knowledge of the law as it applies to landlord obligations. If a tenant does not leave the property by the date in the notice, the landlord is required to have a notice of intention to seek possession sent to the tenant, informing them of the landlord’s intention to seek a court order for possession of the property if the tenant does not leave. A court order, if sought and granted, gives a landlord permission to evict a tenant. In disputes over the state of a property, a disrepair solicitor will advise clients on the law. 

In the case of fixed-term ASTs, which last for at least six months, landlords are again obliged to give tenants notice to leave in a certain way. A housing solicitor will advise clients on all aspects of tenancy agreements. 

If a tenant has signed an excluded tenancy or license – they may live with their landlord, for example – the landlord does not have to take a case to court to have the tenant evicted. They are obliged only to issue a tenant with reasonable notice to quit. The length of time of this notice depends on how often a tenant pays rent. If they pay rent weekly, the notice will be for one week. 

If a tenant believes that they have been given insufficient notice to leave, housing solicitors such as Duncanlewis.co.uk can advise them about their rights. For tenancies that commenced before 27th February 1997, landlords are obliged to adhere to different rules and tenants have increased protection in the event of an eviction. A housing possession solicitor can advise tenants on their rights.

Harassment can be said to be anything that a landlord does, or does not do, that results in tenants feeling unsafe or being forced to leave a property. If a landlord were to cut off the electricity to a property, this would constitute harassment. Other examples include failing to give tenants keys, refusing to do repairs, and issuing threats or using physical violence.

A landlord may have carried out an illegal eviction if they fail to give a tenant sufficient notice; change the locks on a property, thereby denying tenants access to it; or evict tenants without first obtaining a court order. 

Tenants who believe that they are being harassed or even illegally evicted should contact Duncan Lewis housing solicitor for advice.

Bringing a Counter Claim

If someone receives notice that another party has filed a civil lawsuit against them, they can do one of three things: lodge a defence, lodge an admission, or lodge an acknowledgment of service. The latter option would be aimed either at challenging the jurisdiction of the court or to seek additional time to lodge a defence, possibly after consultation with a housing solicitor in the case of a tenancy dispute.

A UK private sector tenant against whom a claim has been lodged by a landlord in a dispute over, for example, the condition of a rented property, is within their rights to seek the advice of a disrepair solicitor and lodge a counter claim against the landlord. Counter claims come under Part 20 of the Civil Procedure Rules (CPR). Although a tenant can seek to have the landlord agree to enter mediation, which is typically cheaper and easier than going to court, if a claim has already been lodged then the situation is already likely to have deteriorated beyond the point at which mediation would work. Housing lawyers will advise clients on all of their options.

In the event of legal action, the case may be taken up by a small claims court, which handles cases where the debt is less than £5,000. This figure falls to £1,000 for cases centring on property repairs. In small claims cases, the courts offer a free mediation service; this mediation can be conducted over the phone. 

Housing solicitors such as Duncanlewis.co.uk will advise clients on the strengths of their counter claim and whether it is worth pursuing. A counter claim is best lodged at the same time as a defence form against the original claim being taken by the other party in the dispute. There is a fee for lodging a counter claim. Typically, defendants can commence the counter claim when they defend the original claim. In the majority of these types of cases, court permission is not required by the defendant. In the event of a defendant lodging a counter claim alongside their defence, the claimant is entitled to a reply and/or defence to the counter claim. Typically this will have to be lodged with the court within a timeframe of around 14 days from receipt of the counter claim.  

Tenants against whom a claim has been lodged and who do not yet have a solicitor acting on their behalf need to find a housing solicitor as soon as possible, owing to the time limits for lodging a defence and/or counter claim. 

In the event of a defendant lodging a counter claim, perhaps on the advice of a housing solicitor such as Duncanlewis.co.uk, the claimant is re-classified as the Part 20 defendant and the defendant re-classified as the Part 20 claimant. In such a scenario, court documents should name the parties using both of these titles. Should a defendant lodge a Part 20 claim against a third party, that party would be named as the Part 20 defendant. 

In considering a counter claim, the court can refuse to allow it, strike it out, or rule that it is handled under a separate claim. A housing possession solicitor has detailed knowledge of UK law as it relates to property.