Social Welfare Lawyers in the Centre of Birmingham

The Community Law Partnership

Birmingham Housing Court Duty Possession Scheme

This is a service, funded by the government, available to anyone who is facing Court proceedings to take away their home. There is a trained advocate at Court to provide representation on the day for anyone at risk of losing their home through possession proceedings, whether through rent or mortgage arrears, or for any other reason (for example people left in a property when the tenant leaves).

The scheme can help

  • Introductory and secure tenants of Local Authorities
  • Assured tenants of Housing Assciations
  • Assured or protected tenants of private landlords
  • Owner occupiers
  • Non-secure occupiers
  • People facing warrants for eviction (when a date has been set by the Court Bailiffs for all occupiers to be evicted)
  • People facing applications for Orders for Sale after a Charging Order has been made.

Help is available under the scheme to all who are at risk of losing their home, and is not subject to any means test (although information will be recorded in relation to the means of users of the scheme for statistical recording purposes)

Every Court Session at which the Judge is being asked to make a Possession Order is covered. We at CLP run the scheme, and advisors are drawn from our own experienced staff and colleagues from the following partner organisations

  • Birmingham CAB Court Welfare Office
  • Shelter
  • Evans Derry Binnion Solicitors
  • Birmingham Law Centre

If you would like to use the scheme, please tell the Court Usher when you arrive. S/he will then direct you to the Duty Advisor who will take the necessary information from you, will negotiate with your landlord if appropriate, will go into Court with you and speak to the Judge on your behalf. Please remember to take all your Court papers with you to Court, together with any letter s you may have received from your landlord. Please also take all documents you have relating to any claim you have made for Housing Benefit, or for help with your Mortgage payments.

It is always best to seek legal advice well before your hearing date, from a specialist advisor. A list of advisors with Legal Services Commission Contracts to provide specialist housing advisors in your area can be found via the Directgov website: http://legaladviserfinder.justice.gov.uk/AdviserSearch.do or contact us for an appointment.