Housing Law
Housing is a complex and difficult area of the law where accurate and professional advice is essential. Parker Bird Whiteley has a well established reputation in dealing with housing work.
Our firm provides duty representation in local County Courts on days when possession cases are listed, representing tenants who are attending Court without having previously sought legal advice.
In addition, we offer an independent Housing Advice Clinic at Tameside Citizens Advice Bureau to assist clients with various types of housing problems.
What Can We Help You With?
Possession Proceedings Arising out of Rent Arrears
We can advise, assist and represent you in connection with Court proceedings which have arisen as the result of rent arrears. Often we can liaise with your landlord on your behalf to agree mutually acceptable terms. In addition, we help you manage the debt and liaise with the Department of Housing Benefit on your behalf.
Possession Proceedings Arising out of Mortgage Arrears
It may be the case that you are an owner/occupier who faces possession proceedings because you are behind with your mortgage instalments. Again, we can advise, assist and represent you in defending the proceedings and managing the debt. We can liaise with your mortgage lender and attempt to agree mutually acceptable terms.
Possession Proceedings Arising Out of a Breach of Your Tenancy
You may be facing possession proceedings because your landlord alleges that you are in breach of the terms of your tenancy agreement. For example, it may be alleged that you have caused a nuisance to other residents in the area or that you have committed a criminal offence from your home. We can advise, assist and represent you in defending the proceedings in order to prevent the loss of your home.
Homeless Advice
If you have applied for a homeless application to the local authority and require help in obtaining accommodation but have been turned away, or left without anywhere to live, or have received a decision that the local authority will not help you, we can assist you by advising you fully in relation to your legal rights and in taking steps to review and appeal any decisions on your behalf.
Nuisance Cases
Anti-Social Behaviour Orders and Injunctions are becoming more common. Often tenants and their families are subjected to Injunctions or Orders in relation to allegations of nuisance or anti-social behaviour. This firm has considerable expertise in this area and has successfully defended Possession Orders and Injunctions and in many cases achieved successful results with the outcome that has enabled tenants to remain in their homes.
Unlawful Eviction/Harassment
You may feel that you are being harassed by your landlord or you may feel that you are threatened with unlawful eviction or have actually been evicted. We can advise you in relation to your legal rights and, if appropriate, obtain an Emergency Injunction to get you back into your home. In some cases it may be appropriate for you to receive compensation for your period of eviction.
Housing Disrepair
If your landlord will not carry out repair works that you have complained about, you may be entitled to representation in order to get the repairs done, and to obtain compensation for your landlord’s failure to carry out the repair works within a reasonable time.
Transfers/Allocations
We can advise you in relation to your priority for re-housing under the local authorities’ allocation schemes and, where necessary, mount challenges to decisions made by local authorities which are incorrect.
Funding Your Housing Case
Our firm has LSC contracts in housing work at both of its offices. Subject to your income and savings, you may be eligible for public funding to pursue or defend the claim. In certain circumstances, we may be able to offer a Conditional Fee Agreement (No Win, No Fee Agreement) in relation to a claim for housing disrepair.
Advice for Landlords
If you are a landlord looking to rent out a property, or require advice in relation to existing tenants, we can help you with all legal matters. This may include drafting tenancy agreements, or advising you in relation to your tenant’s rights. In addition, we can assist you with drafting the proper Notices and Court paperwork if you need to issue court proceedings to repossess your property.