Defending possession & eviction

Defending possession & eviction

Facing the loss of your home is a frightening experience. Often, people try to convince themselves it isn’t happening, or don’t go to court hearings. But many possession claims can be defended, so that the claim is unsuccessful, or a suspended order is made that allows the tenant to stay in their home. Getting legal advice and assistance when facing possession is important and can help you keep your home.

Our expertise in repossession & eviction cases

Anthony Gold Solicitors are only one of the three firms in the UK to be ranked as Tier 1 in the Legal 500 guide for social housing services for tenants. We are also only one out of two firms across the UK to be ranked ‘top tier’ in the Chambers and Partners legal directory in this area of law.

Our experienced housing solicitors have helped countless facing possession or eviction, ensuring their rights are protected and they’re given the best possible chance of staying in their homes.

Our legal assistance for tenants facing possession or eviction

To bring a possession claim, landlords must comply with the legal requirements for serving notice and have legal grounds for possession. If those requirements are not met, then we can defend the possession claim and seek to have it thrown out.

The grounds for possession must be made out in evidence. We can challenge this where the evidence is poor or the landlord is wrong in what they say.

Where the possession claim is for rent arrears, the tenant may have a counterclaim for the landlord’s failure to repair the property, or failure to protect a deposit, which can reduce or wipe out the arrears, so that a possession order won’t be made. We can defend the claim and bring the counterclaim

In some possession claims, the court can decide whether to suspend a possession order or not. We can defend the claim and try to persuade the court that an immediate possession order is not necessary, so the tenant can stay in their home.

Some landlords try to force tenants out without following the law, using tactics like harassment or changing the locks without notice. This is illegal and we can help tenants get back into the property and claim for damages.

Words from our clients

“Assistance in complicated eviction issue… Our situation was somewhat complicated and we felt extremely overwhelmed. Anthony Gold solicitors especially, our appointed solicitor, Nikki B. put us at ease and reassured and guided us on every step of the procedure for our case. Would highly recommend them for anything similar.”

Housing & Property Disputes Client

“This is a really strong residential property team, with high levels of expertise across all levels. With a highly prominent senior partner in Giles Peaker at the top, there are highly professional and experienced solicitors at associate and support levels.”

Housing & Property Disputes Client

“Exceptional service from the very Start till the end. I cannot recommend them enough! Thank you Eleanor Solomon and your team. Just the perfect end result for Us… Well Done Anthony Gold Solicitors 10/10 you supported us all the way throughout this difficult journey.”

Housing & Property Disputes Client

Need our legal advice on tenants facing eviction & repossession

If you are a tenant facing eviction or repossession, our experienced housing and property law solicitors are here to help. We have a strong track record of protecting tenants’ rights, whether that means challenging an unfair eviction, negotiating with landlords, or ensuring you receive the legal support you deserve. Contact us today on 020 7940 4060 or email us at mail@anthonygold.co.uk, and our team will be ready to assist you.

Learn more about our funding options for housing and property disputes.

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Defending house possession & eviction:
Frequently Asked Questions

What can I do if I have already been evicted from my home?

If you’ve been evicted and think your landlord acted unlawfully, we can help. In some cases, we may be able to help you regain your home or claim compensation for the trouble caused and any damage or loss of belongings. This is especially possible if your landlord failed to obtain a court possession order before evicting you.

What should I do if I am being evicted from temporary accommodation?

If you’re being evicted from temporary accommodation, it’s important to get everything in writing to help challenge the eviction if needed. Speak to your support worker, if you have one, to discuss any plans for your next steps. Contact your housing officer for help with your personal housing plan. If your previous homeless application has been closed, you can make a new one, and the council must assess you and provide emergency housing if you qualify.

How much notice does a landlord need to give to evict you?

The notice period for eviction depends on your tenancy type:

  • Assured shorthold tenancy: Your landlord must give at least two months’ written notice, with the eviction date being at least six months after your tenancy began.
  • Excluded tenancy or licence: If you’re a lodger sharing rooms with your landlord, they only need to give ‘reasonable notice,’ typically one month if you pay rent monthly.
  • Fixed-term tenancy: For a set-term agreement, your landlord must give at least 90 days’ notice and a valid eviction notice.

 

What should a leaseholder do after receiving a Notice of Default?

If you’ve received a Notice of Default, it means you may have missed one or more payments. You have one month to either:

  • Pay the outstanding amount in full
  • Arrange an alternative repayment plan
  • Apply for assistance through the Home Owners’ Support Fund

Can I appeal a repossession?

Yes, you can appeal a repossession by completing an N244 form. Typically, your lender will notify you of mortgage arrears before seeking repossession and give you at least two weeks’ notice before applying to the court. It’s important to respond to these notices to discuss repayment options.

Why should Anthony Gold Solicitors handle my eviction or repossession case?

Anthony Gold Solicitors are recognised as a leading firm in housing law, ranked highly by both the Legal 500 and Chambers and Partners legal directories. We specialise in defending tenants and leaseholders against eviction and repossession, ensuring that landlords and lenders follow the law.

Our team has a proven track record of success in court, handling complex housing disputes and securing positive outcomes for our clients. With a client-focused approach, we tailor our services to protect your home and provide swift, effective legal support during stressful times.