Defending Possession Proceedings | Housing | Howells LLP
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Defending Possession Claims

Our expert housing solicitors are experienced in defending possession proceedings who are tenants of local authorities, housing associations, and private landlords. 

Landlords cannot evict you without going through the proper legal process, enter the property without your permission or damage the property in any way.

If your landlord has sent you a notice seeking possession or has made a claim to the court asking for possession of your property, it could have happened for a number of reasons. These include allegations of rent arrears, antisocial behaviour or other breaches of tenancy. It is important to seek legal advice as early as possible, so your claim can be defended.

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How Our Housing Solicitors Can Help

Our team is able to respond quickly and effectively when faced with possession proceedings. 

We can help with the following: 

  • You have received a notice from your landlord asking you to leave your home by a certain date (this may be called a Section 8 notice, a Section 21 notice, or a Notice Seeking Possession).
  • You have received papers from the court notifying you that your landlord has issued a claim for possession of your home.
  • You have received a possession order from the Court.
  • You have received a notice of eviction from the Court notifying you of the date on which a bailiff will evict you from your home.

How a Possession Proceeding Can Be Defended 

Our team of solicitors will look at all evidence brought forward and if there is enough to defend the claim, the tenant can persuade the judge that the landlord’s ground has not been proved. This is called the balance of probabilities as the judge will examine the evidence from the landlord and the tenant when making their decision.

Legal Aid

Legal Aid is available for defending a possession case, unlawful eviction matters and getting certain repairs in your home carried out, this is if there is a threat of serious injury or harm occurring if the repairs are not done. You can also make a standalone claim for damages.

If Legal Aid is available for your case we will assess your entitlement to this.

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How can we help? Contact us today

Contact us on on 0114 2496609 or 0114 2496666 and one of our advisors will be in touch to discuss your situation. We will take some initial information and if we can help, we will book you in for a consultation with a legal professional.

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The Housing team

Our team, headed up by housing law expert Graham Hogarth, is a dedicated team with many years of experience. Delivering quality law with excellent care, they understand that they’re not dealing with ‘cases’ but with people, not bound up in legal process but in real lives. It’s a team you’ll want on your side.

News & Advice Guides

Possession Claims – What You Should Know

Request a Call back

The Howells Solicitors law team are compassionate, down-to-earth and professional, offering you the best expert advice. Get in touch with solicitors in Sheffield, Rotherham, and Barnsley to see how we can help. Fill in the form or give us a call at:

The Housing Team

Marie Busfield

Benefits & Credits

0114 249 6627
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Samuel Wattret

Housing

0114 249 6648
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Graham Hogarth

Consumer Claims and Civil Disputes

0114 249 6630
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Tracy Hinchcliffe

Housing

0114 249 6635
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