Possession Proceedings including mortgage possession claims against an owner/occupier

Housing law covers homelessness possession proceedings and other issues covering your home.

If you fall behind with your rent or mortgage the landlord or lender can take you to court. He must take you to court and cannot just evict you which will be a criminal offence.

If your landlord or lender has evicted you without a Court Order you can go to the police who should take your side, break back in and get an injunction and damages against the landlord or lender which could easily write off the arrears so do not be downhearted if that happens.

Hit back hard with effective legal advice and you may end up happy that you were evicted for a short period however distressing that might be.

If there is a possession claim you must attend. The judges have generous powers to help you and often are what might one might call “left wing” and for a tenant especially in London.

Most London county court judges and district judges and circuit judges (formerly called registrars).

Where a mortgage possession claim is brought against you the judge will allow you a reasonable period to repay the arrears. You have to be able to explain why you fell behind and how you plan to pay the lender back and catch up e.g. by increasing the normal monthly instalments.

Maybe you have a new job or have Housing Benefit to help.

You will need to take evidence such as your new job wage slips letter from the council etc.

You should take copies for the other side and have them in date order not stapled together.

The judge will often adjourn the case on condition you pay the normal instalments plus something off the arrears or make a Possession Order but suspend it provided you pay the arrears.

If you do not the next step is the bailiff to come. It is still possible then to apply to suspend the Order to stop the bailiff evicting you.

There are some scandalous cases that go on whereby unscrupulous lenders will try to force you out and then sell the property cheaply to one of their friends at auction. Kickbacks take place.

It is a grubby business and generally expert advice from a streetwise lawyer is wise.

At Hylton-Potts we offer fixed fees and are very familiar with all these shady tactics and are able to counter them.

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