Housing Law

Housing law deals with the rights of residential tenants and their landlords also home owners and the mortgage lenders.


  • Advising on tenancy agreements
  • Advising on housing conditions / dilapidation
  • Advising on unlawful eviction
  • Advising and defending tenancy repossession proceedings
  • Advising and defending mortgage repossession proceedings

Of Interest

The most common type of tenancies are the assured tenancy and the assured short hold tenancy. Section 8 of the Housing Act 1988 sets down the procedure for gaining possession of an assured and assured short hold tenancies. S17 of the act defines the grounds for possession which are set down in schedule 2 of the act. Grounds 1-8 are mandatory in that a court must grant a possession order if the appropriate where that particular ground is proved.

Regarding mortgage possession actions, if the home owner wishes to defend action by the mortgage company, the owner should consider if the mortgage is affordable.

  1. Are the arrears claimed correct?
  2. Can the monthly payment be afforded?
  3. Can a sum be offered against the mortgage arrears?
  4. Can all arrears be cleared within the remaining term of the mortgage?