Residential Possession Proceedings
Facing possession proceedings can be very daunting. Tenants can often feel overwhelmed by learning that their landlord is seeking to evict them. Every case is different and the law in this area can be complex and technical.
Call 020 7485 8811 today.
“The housing team at Osbornes is the best in England.”
“Osbornes Law represents tenants in the full variety of housing law matters, including issues of possession, eviction, disrepair and anti-social behaviour.”
Our specialist housing lawyers are experienced in defending possession proceedings for a very wide range of clients who are tenants of local authorities, housing associations, other social landlords, and private landlords. Possession proceedings can arise for a number of reasons including allegations of rent arrears, anti-social behaviour or other breaches of tenancy.
Private landlords are also able in some circumstances to seek possession of a property on a “no-fault” basis, but this depends on their following a proper eviction process; our team is experienced in recognising failures by landlords in these situations which can give rise to a defence.
How our lawyers can help
Our team is able to respond quickly and creatively when faced with possession proceedings, looking not only at the immediate threat of eviction but also at underlying issues including housing disrepair, difficulties with benefits and whether accommodation is suitable and affordable in the long term.
Where appropriate we will advise you on the possibility of bringing counterclaims for issues including disrepair and for breaches of deposit protection legislation.
We can also assist with mortgage possession proceedings and, where possible, will try to assist in negotiating an amicable settlement with your mortgage company.
While we would encourage you to seek legal advice at the earliest opportunity when faced with possession proceedings, we can also assist in some circumstances in seeking to suspend a warrant of possession, following the court making an order for possession. If you receive notice that bailiffs are to attend your property to evict you, you should seek advice as soon as possible as it can be possible at this stage to suspend the eviction on terms, usually involving a payment plan.
What do I need to do?
If you are concerned that your landlord is planning to attempt to recover possession of your home you should seek legal advice at an early stage.
If you are experiencing problems with rent arrears as a result of your benefits stopping you should ensure that you request a review or an appeal of the decision by the benefit authority within the relevant time limit. For more information see our welfare benefits page.
To discuss your personal situation and how we can help you, complete our online enquiry form and we will contact you.
Sarah's practice includes a particular focus on judicial review cases.
Sarah regularly advises on homelessness matters and suitability of accommodation.
Sarah has substantial experience defending clients in possession proceedings and housing-related anti-social behaviour injunctions.
Sarah is an extremely competent litigator and a complete pleasure to deal with.
Sarah's approach is highly intelligent, sensitive to tenants' vulnerabilities, supportive, and highly professional. She goes the extra mile for her clients.
He also specialises in age disputes.
Edward Taylor is an up-and-coming partner at Osbornes Law, where he focuses his practice on young refugees and their rights to health and social care.
Edward Taylor often acts for vulnerable clients on disrepair and homelessness claims as well as cases concerning unsuitable accommodation.
Edward goes far and beyond for his clients. He know his job, is very effective, but also is very attentive and shows abundance of kindness and empathy.
Edward is an outstanding solicitor in every way. He is professional, committed, so hard-working and goes above and beyond.
Edward has a great strategic brain. He has got a real sense of dedication to his clients.
Edward is unparalleled in his diligence and commitment. He ensures clients have a full understanding of their cases and can make informed decisions.
Edward is a fantastic lawyer. He is thorough but also acts quickly and has incredible success with his cases.
It regularly assists migrants and other vulnerable clients. It is also equipped to provide advice on welfare benefits.
The team is also experienced in homelessness and community care issues, as well as public law and judicial review claims.
Osbornes Law represents tenants in the full variety of housing law matters, including issues of possession, eviction, disrepair and anti-social behaviour.
A strong team with real knowledge of the practice area.
Osbornes has dedicated expertise in social welfare matters.
The team is particularly well regarded for its expertise in accommodation rights and asylum support.
They identify and address gaps in information and find creative solutions to resolve complex cases.
The solicitors at Osbornes Law are proactive, knowledgeable, friendly and very reliable.
They are extremely proactive, act sensitively and work effectively.
We know we are able to put our trust in their expert team achieving the best possible outcome in difficult matters.
Osbornes Law team are brilliant. They are very responsive especially in urgent challenges.
Osbornes are one of the few firms in London that are able to offer a high level of expertise across the family law spectrum, whether children or finances or public or private law.
Edward Taylor works closely with charities to promote access to justice and regularly acts for asylum seekers, particularly in the context of legal aid restrictions and hostile immigration policies
Edward is rightly regarded as one of the leading solicitors in the field of age dispute challenges and brings real creativity to his cases.
Edward Taylor acts for clients in complex disrepair and possession claims.
Edward Taylor is very knowledgeable, is very responsive, and goes far and beyond to make sure his clients' needs are met.
Edward Taylor is truly exceptional. He brings a breadth of expertise in migrants' rights and broader community care, and is extremely bright and diligent.
Edward is very professional and efficient in what he does, but also shows enormous amounts of empathy and kindness, which I think is very rare in this profession. I wholeheartedly recommend working with him.
Edward Taylor acts for vulnerable individuals, including those who are homeless and have mental health issues.
Osbornes houses an experienced social housing team, advising vulnerable clients on housing disrepair, homelessness, evictions, anti-social behaviour, asylum accommodation, possession and discrimination claims.
They prepare matters well and in good time, allowing me as counsel to do my job effectively.
They know the area of law well; they work efficiently and are dedicated to achieving the best outcome for the client.
Top notch - a pleasure to be instructed by.
An outstanding firm in the field, with excellent members who consciously develop their clients' best cases in this notoriously difficult field.
Osbornes has a great track record and reputation and strong practitioners across the field.
Osbornes is in the top tier of social housing law firms.
Edward Taylor is extremely good at dealing with age disputes.
Taylor a really good public lawyer.
Ed is really engaged with his cases. He is very capable, thorough and a real pleasure to work with. He takes on challenging matters and is brilliant with clients.
Ed Taylor is a very good lawyer.
Ed is very good at picking out complex issues.
Will is the best housing solicitor there is and he has the best housing law mind I have come across. He is really exceptional and incredibly helpful for both clients and people in the sector.
They are extremely good and diligent in their work - they are super amazing.
The lawyers at Osbornes Law work with passion, putting in all their best.
Osbornes has some very good quality lawyers doing very interesting work.
Edward Taylor is one of the hardest working and most conscientious, dedicated, and painstaking lawyers that I have ever had the good fortune to be instructed by.
Osbornes have a strong team with some truly excellent individuals.
Alex McMahon is an excellent public law solicitor who works across housing and community care. He is highly effective, efficient, and adept at working with vulnerable clients.
He can always be relied upon to produce the highest quality work and to think strategically about how best to achieve a positive result for his clients.
Edward Taylor is an outstanding public law solicitor. He has particular skills in working with vulnerable clients and in complex and fast-moving cases.
They are tenacious, approachable, and extremely effective in representing the interests of their clients including in highly complex cases.
Osbornes Law are a truly excellent team. They cover a range of immigration, housing, and social care matters with a core commitment to representing vulnerable clients.
Described as an outstanding public law solicitor, Edward Taylor has experience acting for asylum-seeking minors in judicial reviews challenging age assessments
The team regularly handles community care judicial reviews.
Osbornes has a particular strength in handling social housing challenges with a focus on homelessness and assisting children with disabilities.
William Ford has a forensic knowledge of housing law and is extremely intelligent, very thorough, and excellent with clients
Excellent communication at all stages of a claim and an emphasis on the needs of the client.
A thoroughly professional firm who have specialist knowledge of their areas of law.
Outstanding lawyers providing outstanding quality advice. They are one of the leaders in the field.
Alex McMahon is an extremely safe pair of hands for any housing issues.
William Ford has long been a leading individual in the housing law world.
Osbornes' social housing law team is very good and very well regarded within the field, with great solicitors across the full range of seniority.
The housing team at Osbornes is the best in England.
Alex McMahon is another notable team member who practices across housing law, public law, and community care.
Disrepair and possession-related cases are a key strength of Taylor.
Edward Taylor has a particular focus on representing disadvantaged individuals, including those who are homeless and those who have mental health difficulties.
Practice head William Ford is praised as ‘the best housing and social security lawyer in the sector.
The social housing team at Osbornes boasts extensive experience in representing clients with claims against local authorities and housing associations in mandates surrounding disrepair, possession, eviction warrants and illegal evictions, homelessness, and anti-social behaviour.
Excellent work as usual Team Osbornes Law. Our service users have experienced some of the exceptional outcomes yourselves have achieved as outcomes for their housing and social issues.
Keep up the excellent work.
Osbornes Law represents tenants in the full variety of housing law matters,
Osbornes Law are a very highly regarded firm who are at the coalface. They are very on top of their cases.
The Osbornes team is capable and responsive.
Edward is an up-and-coming solicitor who gets good results on tricky cases
Edward Taylor is a really good solicitor. I would recommend him.
Edward is the leading solicitor in this sector for age assessment; he is considered to be a go-to for age assessment issues.
Edward has been very prompt in his responses - he is always very helpful and knowledgeable within his field.
Edward has worked on really complex cases and has always been really thorough; he also relays information in a way that can be easily understood.
Adele Pinkett is excellent in dealing with vulnerable clients and equality act cases.
Edward Taylor is a brilliant and committed solicitor who is well-respected in this field.
Edward Taylor is dedicated to acting for disadvantaged individuals, particularly those who are homeless and individuals with mental health problems.
William Ford is the best housing and public law solicitor of his generation.
Osbornes are a fantastic team who really stand out in the market in the fields of housing and social care.
Their mix of private client work and legal aid means that legally aided clients are (unusually) able to access a professional and top-flight law firm and get treated with real respect
The social housing team at Osbornes is exceptional. The solicitors are highly competent, professional, and committed.
A large, experienced, and capable team with in-depth knowledge covering the entirety of housing and homelessness law
The group has developed expertise in several specialist areas, such as advising EU nationals on their legal status and bringing challenges in asylum age assessment cases.
The team has demonstrable experience in advising clients on issues involving vulnerable clients who have claims against local authorities and housing associations.
"The team explains things clearly, is very responsive and goes the extra step to help those who need it."
"I was impressed and grateful from the very beginning - the team are extremely detailed, very thorough, helpful and reassuring at the same time. I would absolutely recommend Osbornes Law."
"Osbornes Law is efficient and focused, and clearly prioritises the client's interests."
Edward Taylor focuses his practice on young refugees and their rights to health and social care. He also specialises in age disputes.
Edward Taylor often acts for vulnerable clients on disrepair and homelessness claims as well as cases concerning unsuitable accommodation.
Edward Taylor combines this with a sharp mind, very hard work, and a comprehensive understanding of the wider issues at stake.
Edward Taylor has represented many of our clients and he is outstanding. He has a clear focus on the individual person he is representing, adapting his communication approach to meet their needs, and he strives to ensure that they understand the complex issues at stake and can engage meaningfully in any process.
Edward Taylor works to an exceptionally high standard throughout every stage of the legal process. He is very good at explaining technical legal points to clients and exploring the best evidence for the particular context.
Edward Taylor is singled out as ‘an exceptional advocate‘.
"Edward really cares about his clients, always trying to get the best outcome. He is very good at making services accessible to young people and building rapport with them."
"He is a very experienced lawyer who always works for the best interest of his clients. Edward is reliable and extremely thorough in his work, a delight to work with."
"Edward is very professional and approachable, with correspondence always responded to in a timely manner, and good client care."
"Edward Taylor is a very committed and capable solicitor."
William Ford is experienced in representing tenants in disrepair and possession claims, as well as homelessness appeals and judicial reviews concerning allocation of housing.
‘Osbornes are very approachable; in a time where many firms are unwilling to take on cases that do not look promising, they are prepared to look at difficult situations and find a way to assist their clients.
"Osbornes is one of the firms that I consistently recommend. Excellent service, and thorough and knowledgable lawyers."
‘From the very first moment, I was aware and grateful to have been put in touch with Osbornes. The expertise, advice, leaving no stone unturned right from the first minute until the very last, I would most certainly recommend every single time.’
"The associates have a thorough knowledge of the area of law, communicate effectively and are incredibly easy to work with."
"They are a firm that likes a challenge and are prepared to do the groundwork to develop cases, even if it means much preparation without remuneration."
"It is clear the firm put the interests of the client first at all times."
"There’s a real sense of team ethic. It’s clear that internal communication and case recording are strong because if a solicitor handling a case is away the person covering is fully up to speed, has the necessary documents available to them and nothing falls through the cracks."
"If a short deadline comes up on an urgent case, solicitors are active in collaborating to ensure it can be met."
"Edward Taylor combines this with a sharp mind, very hard work, and a comprehensive understanding of the wider issues at stake."
"Edward Taylor has a clear focus on the individual person he is representing, adapting his communication approach to meet their needs, and he strives to ensure that they understand the complex issues at stake and can engage meaningfully in any process."
"Edward Taylor is an exceptional advocate. He has represented many of our clients and he is outstanding."
"Edward Taylor is very good at explaining technical legal points to clients and exploring the best evidence for the particular context."
"Edward Taylor works to an exceptionally high standard throughout every stage of the legal process."
"Edward has a very collaborative approach and is a delight to work with."
"The team has a specialism at the intersection with community care law, acting for vulnerable clients that lack capacity in housing matters."
"The practice is ‘undoubtedly one of the best in the business‘ and has a strong reputation for complex disrepair cases and possession claims against local authorities and housing associations."
"Edward Taylor is an outstanding solicitor who consistently goes above and beyond for every client. He is careful, diligent and has a keen eye for strategy."
“He is fantastic on complex cases, collaborative, brings insights and has a very good view as to strategy. He is an excellent lawyer with exceptional attention to detail.”
"The people I have worked with have been fantastic; they are truly passionate about the work they do and are exceptionally good at building good relationships."
"This is an outstanding firm with great attention to detail. They work tirelessly to achieve the best possible outcome for their clients. They have excellent client care skills and are extremely organised."
"He is fantastic on complex cases, collaborative, brings insights and has a very good view as to strategy."
Associate Edward Taylor stands out for his expertise in legal challenges enforcing and protecting the rights of young refugees and asylum seekers.
Osbornes frequently handles judicial reviews and inquiries against public authorities, with a particular focus on representing children, young people and asylum seekers.
Edward Taylor is a highly intelligent, hardworking, and dedicated solicitor with meticulous attention to detail. It is a pleasure to work with him.’
Osbornes are an outstanding firm of solicitors with a deservedly strong reputation. They are very experienced in public law matters and I would not hesitate to recommend them. They are known for the important test cases they bring but are equally committed to the coalface work they do with vulnerable clients.’
Edward Taylor – knowledgeable and dedicated.
The team is very hardworking and dedicated to achieving the best outcome for their clients. The team ensures that everything is done to a timely manner and that their clients are updated frequently. The team is approachable, friendly, and very easy to work with.
Osbornes Law are an exceptional firm across the board from partners to paralegals and provide a consistent and exceptional legal service.
Will Ford – one of a handful of specialists in social security law. Outstanding experience & knowledge of complex statutory schemes.
This is a very high-end law firm, which treats its legal aid clients with the same seriousness and respect as its privately paying clients.
Edward has in every case offered both useful insight and knowledge and works all hours, going to lengths and detailed instructions and input well beyond any other solicitor I work for; even if a rare couple come close. It is truly astonishing work ethic coupled to quality of legal skill.
Very strong team – incredibly knowledgable with good cross-over knowledge in mental capacity and community care. Thorough, dedicated and very professional. Clients will feel they are getting a gold standard service.
At the top of the social housing tree. Their team provides high quality advice and great client care. They can offer a holistic approach, so where a housing problem also requires community care or other aspects, this can be provided.
Will Ford – very experienced, highly professional and with a wide and deep knowledge of social housing litigation and related social welfare areas of law.
Osbornes has an impressive social housing team and the quality of their work that I have seen is very high.
“It’s a pleasure working with Ed. He has a maturity and judgment well-beyond his years and gives his all to his clients.”
“Ed is an outstanding solicitor with an impressive dedication to his clients. He is extremely bright, very well-organised, and highly capable. It is always a pleasure to work with him.”
"Osbornes are an exceptional team. They have a wealth of housing experience and knowledge that is ‘top notch’. Clients are safe in their hands. As colleagues, they have a fantastic working relationship with each other and, feeding off of each other’s expert knowledge, their solicitors work to ensure that no stone is unturned."
"The team at Osbornes is inspired by its leader Will Ford, a truly first-rate, modern lawyer’s lawyer. The team have blossomed under his Will and are now packed with conscientious, dedicated and excellent lawyers who always give their clients 100%."
"Alex McMahon – thorough and committed. Very easy to work with."
"William Ford - A good technical lawyer with a strong commitment to his clients"
"A committed and well-organised team with a good knowledge of the law and who work hard to secure a good outcome for their clients"
"Osbornes has an impressive social housing team and the quality of their work that I have seen is very high. Will Ford is a very well-regarded figure in the housing law world and leads a team of high quality and committed lawyers."
"Osbornes provide an incredibly high-quality service to their clients. The firm treats its legal aid clients with the same respect and commitment as if they were important private clients, which is rare and admirable. Their housing solicitors are also highly skilled and knowledgable."
"He goes the extra mile for his clients."
"He is an excellent lawyer with exceptional attention to detail. He leaves no stone unturned in finding the right solution for his clients."
"This is an outstanding firm with great attention to detail. They work tirelessly to achieve the best possible outcome for their clients. They have excellent client care skills and are extremely organised."
“Osbornes has an impressive social housing team and the quality of their work that I have seen is very high. Will Ford is a very well-regarded figure in the housing law world and leads a team of high quality and committed lawyers. The existence of family and property law teams at the firm, amongst others, means that they are able to offer a holistic and expert approach to their clients.”
William Ford is "highly committed to his clients and leaves no stone unturned in seeking to assist them with their problems"
William Ford "is an astute litigator, and his breadth of knowledge allows him to take a holistic approach to clients’ situations."
"They are at the forefront of legal developments in the field of social housing and community care. They are committed to using their multidisciplinary expertise to achieve the best possible outcomes for clients."
"This a great team - the quality of their work is amazing and they are very professional"
"An exceptional outfit. They take on difficult cases, fight hard and win."
"William Ford frequently represents tenants in possession proceedings, homelessness appeals and disrepair claims... and is praised for his dynamic and hard-working approach."
"Osbornes team is noted for cross-practice expertise in areas such as housing and community care, which it brings to bear in disrepair, possession and homelessness cases involving vulnerable adults, individuals with language difficulties, the elderly and those with no recourse to public funds."
"The absolutely brilliant William Ford."
I was very happy with the excellent service from Osbornes in my disrepair case. They obtained a great result in my case and always pushed hard for my rights.
The social housing team is friendly, approachable and genuinely care about its clients.
A broad knowledge places the social housing department one step ahead of others when it comes to community care knowledge.
The social housing department always go the extra mile.
The social housing team has a strong track record in representing tenants in claims against local authorities and housing associations, with particular expertise in complex disrepair and possession cases.
The social housing department provides an excellent service and is able to react quickly in critical situations.
Thanks for all your support during this very difficult time for my family.
William Ford receives effusive praise for his dedication and commitment to social housing. Interviewees highlight his technical understanding and background in housing law, and describe him as highly impressive."
The team understand vulnerable clients and young people, and on the front line they are prompt and efficient.
Edward Taylor undertook my case from an almost unwinnable position. From our first meeting, Edward's enthusiasm was apparent. He was determined, diligent and most professional when dealing with my case, keeping me informed at every stage. I wholeheartedly thank Edward for his endeavours and would not hesitate in recommending him and Osbornes Solicitors to others.
Osbornes Solicitors give us the confidence and strength to continue and input the belief that the case would turn in our favour … What was most important was the transparency in communication that Osbornes provided.
Osbornes Solicitors are the pinnacle of professionalism and have gone beyond to assist with this case … I felt that I wasn't only dealing with just one dedicated solicitor but I had a good knowledgeable team behind me at all times.
I have been extremely impressed with the level of patience and guidance provided in the case … I would like to thank you for your sympathetic approach and understanding towards my mother’s case and I would strongly recommend Osbornes Solicitors to anybody.
'First-class lawyer' William Ford is 'completely dedicated to making a positive difference', and is acting in cases challenging the 'bedroom tax'.
Osbornes is commended for its 'rare level of commitment'.
William acts on possession, disrepair and homelessness cases, and has particular expertise in the protection of tenancy deposits under the Housing Act 2004
Find out if we can help
Possession Proceedings FAQs
Is legal aid available for defending possession claims?
Yes, this is an area for which legal aid is available and Osbornes Law have a legal aid contract in Housing law.
When should I seek legal advice regarding possession proceedings?
If we are to assist you under our Housing legal aid contract the legal aid rules provide that we are not able to provide assistance until you have been served with a notice by your landlord informing you that the landlord wishes to recover possession.
If I have a private sector tenancy is there anything I can do if my landlord wants to evict me on “no fault” grounds?
Whilst landlords under assured shorthold tenancies can recover possession on “no fault” grounds under s21 of the Housing Act 1988, there are a range of potential defences to such claims based on whether the landlord has complied with certain duties. For example, a landlord can be prevented from relying on a s21 Notice if they have failed to comply with relevant rules regarding the protection of tenancy deposits.
What happens at the first hearing at Court?
Once a claim is issued the Court will list a hearing. At that hearing the court must decide whether the claim for possession is ‘genuinely disputed on grounds which appear to be substantial’. If the claim contested, the court is likely to make case management directions, including a direction for a defence to be filed and served, if this has not already happened. However, if the court is able to decide the case on the evidence before it the Court can do so at the first hearing.
Do I have more rights if my landlord is a local authority or housing association?
If you have a secure tenancy with a local authority, or an assured tenancy with a housing association, you do have more rights than private sector tenants. You cannot be evicted from these tenancies on a “no fault” basis. It will be necessary for the landlord to prove that a ground of possession is met. Some of those grounds will also require that the Court considers it to be reasonable, in all the circumstances, to make a possession order. Other grounds are known as “mandatory grounds” of possession, which simply require the conditions of the ground to be made out, and do not permit the Court to consider whether or not it would be reasonable to make a possession order.
What can I do if I am struggling to pay off rent arrears?
If you are struggling to pay off rent arrears, and feeling overwhelmed, click here to learn about some options that can provide much-needed relief and potentially prevent eviction.
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