Housing Management Litigation
Our services include
- Unauthorised occupier and squatter proceedings
- Defending environmental act prosecutions
Although the firm prefers litigation to be the last resort taken by social landlords, it is inevitable that occasionally this will be the only way of resolving a problem. The firm has grown its advocacy practice (currently standing at 77 years' combined court experience) in order to face up to the realities that RSLs and Local authorities have with problem tenants. Our expertise in this area includes prosecuting those who occupy premises without permission. Examples of our work include:
We are currently acting for an Authority where a tenant ended a tenancy but where investigations showed that the property was still occupied and had been sub-let by the original tenant. The ‘squatters’ failed to vacate the property and a possession action is being taken so that any potential ‘tenant holding over’ argument can be overcome. Whiteheads advised the client to go for possession as opposed to issuing squatters proceedings as...
In another case, an Interim Possession Order was obtained against squatters who had gained access to a property through forced entry. Their claim was that they had not forced entry as they had been given keys by the claimant, however, this was disproved as the locks had been changed. Bolton County Court granted the IPO and at the Return Hearing the Court granted a forthwith Possession Order which was served on the property. The court also awarded costs but unfortunately these are unlikely to be recovered. Examples of our work include
We are currently acting for an Authority where a tenant ended a tenancy but
where investigations showed that the property was still occupied and had
been sub-let by the original tenant. The ‘squatters’ failed to vacate the
property and a possession action is being taken so that any potential
‘tenant holding over’ argument can be overcome. Whiteheads advised the
client to go for possession as opposed to issuing squatters proceedings as
the summary procedure could be derailed if the former tenant argument was
advanced.
Please
e-mail us if you require further information on Housing Management Litigation.
