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Defending Possession Claims

Defending Possession Claims


If your landlord is threatening to evict you or repossess the property it is vitally important to contact a specialist solicitor as soon as possible as you could potentially risk being homeless if you do not act quickly.


Repossession may not always result in you having to vacate the property. In some cases, you may be able to remain in the property subject to certain conditions. You can contact one of our lawyers to discuss what options are available to you.


There are ways of defending the landlord’s claim which could result in you avoiding eviction and Duncan Lewis Housing solicitors will be able to help and advise you on how to defend a possession claim correctly.


Landlords have to follow a strict set of legal procedure in order to legally evict a tenant or be granted a possession order. They have two options for seeking eviction or possession, they are;


  • Section 21 notice
  • Section 8 notice


If your landlord gives you a section 21 or section 8 notice they will have to be valid. It is possible to dispute the validity of either and if they are found to be invalid the landlord will not be able to force you to leave or repossess the property.


You can also defend possession claims if you believe your landlord has or is trying to illegally evict you or is attempting to possess the property illegally.


The most important thing to do regardless of the unique situation is to contact a solicitor as soon as you can.


Get in Touch


Duncan Lewis urges clients to get in touch as soon as possible in possession matters, and can also offer advice on dispute resolution and mediation as alternatives to court action.


A housing solicitor can examine the legal basis for your landlord seeking repossession and advise on the best course of action – including dispute resolution and mediation as an alternative to court action and/or resisting possession proceedings by a landlord.


Duncan Lewis housing solicitors advise both landlords and tenants in housing matters, including rent arrears possession claims and unlawful eviction cases.


For expert legal advice on defending a possession claim including what to do if your landlord is trying to evict you or repossess the property, do not hesitate to contact one of our dedicated Duncan Lewis Housing Solicitors as soon as possible on 033 3772 0409.


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