We have considerable expertise in all areas of housing law. We act for both landlords and tenants and have extensive experience of all aspects of housing litigation in the county court, the high court and the appeal court. In 2008 we successfully represented Mr McCann against the Government of the United Kingdom at the European Court of Human Rights, the decision was unanimous. Whilst the McCann decision is currently in conflict with UK law we are confident that it will be implemented by our government, it is an important area concerning the right to respect for home and family life.

Homelessness

We can provide expert advice and representation if you wish to challenge a decision by any local housing authority in England and Wales. We can apply on your behalf for a review against an adverse decision made by the council and can help with an application for interim accommodation. We can also appeal against decisions to the courts.

Housing disrepair

We can offer help and advice to those living in accommodation that has not been properly maintained by their landlord. We are experienced in bringing disrepair actions against local authority landlords, housing associations and private landlords. Successful claims can result in the landlord being ordered by the court to carry out repairs and to compensate their tenants for losses they may have suffered. In a small proportion of cases, where a claim for compensation is being made, it may be possible to provide funding through a "no win no fee" arrangement.


Possession proceedings

This can be a complicated area of law and advice needs to be tailored to each individual situation. The law differs depending on whether the property is owned by a local authority, a housing association or a private landlord. Possession proceedings are generally brought against people who have sadly found themselves in financial difficulties, but sometimes are brought as a result of alleged anti-social or nuisance allegations. We can provide help and guidance whatever the circumstances.

We can also advise and represent you if you are an owner-occupier facing repossession by your lender if you have fallen behind with your mortgage repayments or if you are the tenant of a borrower and your landlord has defaulted under the terms of his mortgage and the lender is trying to repossess the property.

We will also be able to offer advice in a situation where you are deemed to be a trespasser, unauthorised occupier or lodger in occupation and possession proceedings are brought by a local council or housing association. You may be deemed to be a trespasser in the following situations: the council or housing association may see you as a "failed successor"; where a joint tenancy has been terminated by the other joint tenant’s notice to quit; you have an interim non-secure tenancy granted pursuant to homelessness obligations; where as a housing association tenant you are facing proceedings where there are substantial rent arrears if you are an introductory or demoted tenant facing eviction.

Unlawful eviction

We can offer expert legal advice if you have been unlawfully evicted from your home and can seek an emergency injunction to secure your re-admission. It is possible to obtain awards of compensation for those who have been evicted in such cases.


Anti-social behaviour

We have extensive experience of defending possession proceedings brought against tenants and other occupiers due to allegations of anti-social behaviour and also in defending applications by landlords for anti-social behaviour injunctions, ASBOs and closure orders. We can also advise occupiers who are victims of anti social behaviour including those who have experienced violence or threats of violence from other occupiers. We have considerable experience in representing persons with mental health problems in such cases.

Human rights legislation

We have considerable expertise in Human Right Act matters to do with housing law. In conducting such housing matter we have experience with over lapping areas such as public law, social security issues and debt and insolvency.

Advice to landlords

We can offer expert advice and representation to Landlords in the following areas:

• Preparing and advising on tenancy agreements
• Accelerated possession procedure in the event of unauthorised occupation
• Defending housing disrepair claims

For more information please contact Gurbinder Gill

Back to top




















 
 
 





Eric Bowes & Co, 139 Stratford Road, Shirley, Solihull, West Midlands, B90 3AY Telephone: 0121 744 3691 Facsimile: 0121 733 1487 Email: enquiries@ericbowesandco.co.uk
Regulated by the Solicitors Regulation Authority and subject to it's codes of practice. The Solicitors Regulation Authority's rules can be found at The Solicitors Regulation Authority website.