Stifford

Stifford Legal Advice

SPECIALIST

Looking for Specialist Housing or Debt Advice? Why not call us for a free 15 minute consultation?
Stifford legal Advice provides SQM accredited FREE* Housing and Debt Legal Aid funded advice service in the following areas.

Housing

Possession of a client’s rented home (possession arising out of a failure to make mortgage
payments is now within the debt category of law)
Provision of accommodation/assistance for an individual who is homeless or threatened with homelessness (‘homeless’ and ‘threatened with homelessness’ have the same meaning as in section 175 of the Housing Act 1996)

Disrepair cases where there is a serious risk of harm to the health/safety of an individual or their family
Anti-social behaviour matters in the county court
Injunctions concerning harassment in the home
Provision of accommodation in relation to asylum support

Eviction from an individual’s home (including unlawful eviction)

Debt

The following will remain in scope for Debt:
Possession of a client’s home (arising out of a failure to make mortgage payments)
Court orders for sale of the client’s home Bankruptcy cases where a creditor seeks to make the client bankrupt and the estate includes the client’s home

Case Study 1

Unlawful eviction – Certificated Matter

We acted for the Claimant in the matter.

The client had an assured short hold tenancy but was unlawfully evicted from her home despite have the legal right to retain there. She was on the streets and had nowhere else to go. She come to Stifford Legal Advice and after a consultation and means assessment carried for the purpose of legal aid. We immediately applied for an injunction against the landlord and right of entry to the property for our client which was applied for and in Clerkenwell and Shoreditch County Court and attend by our in house Solicitor and upon hearing the solicitor the Judge granted our client right of entry and an injunction against the landlord.

The client was over joyed as it would mean should would not have to spend the cold winter nights on the streets anymore or in someone’s house.

Thereafter we also made a claim to the court for unlawful eviction and damages.

We were awarded compensation and costs by the trial. The client was also given possession of her accommodation back.

Case Study 2

Defending Possession Proceedings

We acted for the Defendant in the matter.

The client had an assured short hold tenancy and lived there with his family.

The client’s landlord began possession proceedings at the court after issuing a section 21 notice. Our client was extremely worried about the eviction has he had nowhere else to go.

We initially advice our client as he had children of his right to seek housing from the local authority.

However, after reviewing the client’s documents we concluded that the possession proceedings were invalid as the landlord did not follow certain statutory requirements prior to commencing legal proceedings and submitted our clients defence with our arguments.

The matter proceeded to trial and before had we had to prepare witness statements and gather all material evidence and submit the same to Court for Trial.

The Hearing was attended by our in house solicitor and a Barrister from Arden Chambers.

We were able to defendant the proceedings at court and based on our arguments, the judge did not grant possession. The client retained his home and was prevented from becoming homeless.