Alma Shams

Alma joined TV Edwards in October 2022 shortly after being admitted as a solicitor in September 2022. She assists clients with housing matters including defending possession proceedings brought for rent arrears, anti-social behaviour, or sub-letting; applications to set aside or appeal possession orders, applications to suspend warrants of eviction; claims for illegal eviction/harassment; applications for anti-social behaviour injunctions; homeless applications (reviews, appeals and Judicial Review proceedings), and claims for poor housing conditions.

Notable cases

Some of Alma’s recent successful cases are set out below:

• Possession proceedings/Section 21 notice – A private landlord issued possession proceedings relying on a section 21 notice. A possession order was made, and Alma acted quickly for the client in making an application to set this aside. The landlord had asked the client to pay a holding deposit of one week’s worth of rent, a security deposit and six months’ in rent advance. The security deposit and rent in advance were paid to the landlord by a third party, but the landlord failed to provide the third party with the prescribed information relating to the deposit. This was raised in the application to set aside the possession order. The landlord later conceded that the section 21 notice was in fact invalid on this point and so the parties settled the matter, and the client was able to remain in his home.

• Possession proceedings/Section 21 notice – A private landlord issued possession proceedings relying on a section 21 notice. Alma assisted the client with defending the claim on the basis that the property was in an area which required a Selective Licence and despite this the landlord had not obtained the licence before serving the section 21 notice. Therefore, the notice was invalid. Not long after filing and serving the defence, the landlord issued a Notice of Discontinuance and therefore the client was able to remain in their home.

• Possession Proceedings/Succession – Alma acted for a young adult who had been living with his grandparents since he was a child. The client’s grandparents were joint tenants and had passed away several years apart. As a result, there had already been one succession that had taken place. The client’s grandfather passed away and the social landlord issued proceedings to obtain possession of the client’s home. Alma carefully considered the tenancy agreement for the property and noticed that the agreement allowed for a second succession under certain circumstances. Alma defended the claim on the basis that the client met the conditions for a second succession. Despite this the landlord refused to withdraw the claim for possession. After Alma threatened judicial review of the landlord’s decision not to grant a second succession to the tenancy, the landlord made the client an offer of an alternative, smaller and more affordable property in the same area. The possession claim then settled as the client was happy with the offer of the new property.

• Possession Proceedings/Allegations of anti-social behaviour – Alma acted for a client where a social landlord had issued a claim for possession due to complaints of anti-social behaviour. The allegations related to the tenant’s son and were also related to a previous property. Supportive evidence was obtained that the client’s son’s behaviour had significantly improved, and he was engaging with many professionals. As a result, Alma was able to successfully negotiate settlement with the landlord, which allowed the client to remain in her home.

• Possession Proceedings/Rent arrears – The client was facing eviction due to rent arrears. He had fallen into problems with his benefits and did not understand the reason why. Alma assisted the client with understanding his benefit issues and helped him obtain a backdated payment to clear a portion of the arrears. Alma was then able to negotiate a settlement which allowed him to remain in the property.

Recommendations

My solicitor was very kind and considerate towards my case. She was always polite and kind every time I visited the office to discuss my case. Well done. I am happy.