Every day our solicitors act for clients who are at risk of losing their homes. In many cases we successfully delay or prevent our client’s eviction. This is one example, provided by housing solicitor, Natalie Thorpe.
When Mr S had a disagreement with his father and was being asked to move out of his home, he did not know what to do. Luckily for Mr S, google pointed him in our direction and because of our advice and assistance, a judge decided that he could not be evicted.
Some years ago, Mr S needed somewhere new to live. When considering his options, Mr S asked his father whether he could move into his two-bedroom flat. After some discussions, Mr S was allowed to move into the property and he took pride in making it his own. Unfortunately, Mr S and his father had a disagreement which led to Mr S’s father asking him to leave. Mr S then received a notice from the landlord (rather than his father), which referred to him as a “trespasser” at the property. The notice warned Mr S of the landlord’s intention to start a claim for possession against him at court.
Mr S wanted to stay in the property so he asked us for advice about what his rights were and if anything could be done to enforce them. Mr S was able to give us a lot of information about the agreement which he had with his father. We advised him that the landlord was not entitled to rely on this notice to seek possession of his home, because his father’s tenancy was still in existence. Instead, it was only his father who could take action to lawfully evict him from his home.
When the landlord issued a claim for possession we were able to grant emergency legal aid so that Mr S could be represented at court. At the hearing Mr S’s barrister argued that the landlord could not ask the court for a Possession Order against Mr S. The judge agreed and dismissed the landlord’s claim.
Throughout the case we had advised Mr S that although he could not be evicted based on the landlord’s notice, it was likely that eventually he would be lawfully evicted at some point (by his father). Therefore, Mr S was better able to plan for this eventuality and search for a new home.
Although it was not possible for Mr S to remain in the property indefinitely, as a result of our expert legal advice and representation he had extra time in his home and was given much longer to find alternative accommodation.
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