Social Welfare Lawyers in the Centre of Birmingham

The Community Law Partnership

Housing Law Advice at CLP

We believe that everyone has the right to live in a decent home.

Here at the Community Law Partnership we are committed to protecting the housing rights of the individual and enjoy a national reputation for the work that we do, and have been responsible for many of the leading cases, in this area.

We do not act for landlords, but for tenants, occupants, and homeless people.

We can provide advice, assistance and representation in all areas of housing law. We provide interpreting services where required and also home visits when required. We can offer immediate, emergency appointments where necessary

Here are our main areas of specialisation.

POSSESSION

Facing the possibility of losing your home is very stressful and can be deeply traumatic. We can help by:

  • advising in relation to Notices of Seeking Possession, Notices to Quit and informal requests to leave
  • negotiating with your landlord to avoid possession proceeding s in court
  • providing representation at court
  • defending proceedings for you in appropriate cases

We currently run the Housing Court Duty Scheme at Birmingham County Court. For more information, click here.

HOMELESSNESS

We have a reputation for excellence in the work we do for and on behalf of homeless people. Local Authorities have statutory duties towards homeless people. These duties arise when a person is homeless, or about to become homeless, or is living in accommodation which it is not reasonable for them to continue to occupy. Local Authorities sometimes try to avoid their duties by not taking a homeless application when people in this position approach them for assistance. We can help by:

  • insisting (using legal proceedings if necessary) that a local authority accepts a homeless application
  • requiring a local authority to provide temporary accommodation while they make a decision
  • challenging homeless decisions
  • helping with review requests
  • taking homeless appeals to the County Court
  • taking Judicial Review cases to the High Court
  • helping with complaints to the Local Authority Ombudsman

POOR HOUSING CONDITIONS

In almost all cases where homes are rented, the landlord is responsible, by law, for keeping the structure of the home, as well as the heating and hot water systems, in good repair . Some tenancy agreements go further than the law requires and impose greater repairing obligations on the landlord. It is not possible to contract out of the landlord’s responsibilities. In some cases the landlord can be required to fix problems which do not arise from a lack of repairs, but which still make a home unhealthy to live in. In circumstances where there is a serious immediate risk to health, urgent action can be taken. We can help by:

  • advising tenants as to their rights and responsibilities under both the law and their tenancy agreement
  • writing to landlords who are not carrying out repairs
  • instructing experts to prepare reports in appropriate cases
  • taking County Court proceedings to make landlords carry out repairs, including applying for injunctions in urgent cases
  • advising in relation to compensation and assisting with claims

UNLAWFUL EVICTION AND HARRASSMENT

It is, in most cases, illegal for a landlord, property owner or mobile home park owner to evict an occupier, who is not a squatter, without a court order. In some cases it is a criminal offence to do so or to harass an occupier, or to deprive them of services (eg electricity, water), to “encourage” them to leave. We can help by:

  • writing to recalcitrant landlords to stop harassment
  • taking urgent action, including court proceedings, to make landlords let unlawfully evicted occupants back into their homes
  • advising those who feel unable to go back in relation to homelessness (see above)
  • assisting with claims for return of goods and belongings, including court proceedings
  • taking court proceedings for damages for unlawful eviction and harassment

LOCAL AUTHORITY HOUSING ALLOCATIONS

The law relating to the allocation of council housing can seem daunting and complicated. So can the Allocations Policies that local authorities adopt and which they must follow when allocating their properties. We can help by:

  • advising as to the rights of family members when a tenant dies
  • challenging points and/or banding awards where appropriate
  • advising on and/or challenging medical priority assessments
  • advising in relation to direct exchanges and assignments of tenancies
  • advising in relation to the rights of other occupiers if the tenant leaves

HOUSING FOR MIGRANTS

A person’s immigration status will inevitably have a bearing on their rights to social housing, and their rights to claim Housing Benefit. Some non UK nationals are eligible to apply for social housing and to claim welfare benefits. Others are not, but they may still have rights under Community Care legislation and, in the case of children and some young adults, the Children Act. We can help by:

  • advising as to the eligibility to housing assistance of the individual in their particular circumstances under the homeless and/or community care legislation
  • advising as to rights under the Children Act
  • taking court proceedings, where necessary, to enforce those rights, including by way of Judicial Review proceedings in the High Court

ANTI-SOCIAL BEHAVIOUR

Allegations might have been made against you that you have engaged in Anti-Social Behaviour. An application might have been made against you for an Anti-Social Behaviour Injunction. You might be facing allegations that you have breached an Anti-Social Behaviour Injunction. You might have experienced Anti-Social Behaviour. We can help by:

  • advising on how to avoid an Anti-Social Behaviour Injunction
  • representing you in court
  • defending an application for an Anti-Social Behaviour Injunction in appropriate cases
  • advising and representing you in bringing a claim based on Anti-Social Behaviour
  • representing you in committal applications based on alleged breach of an Anti-Social Behaviour Injunction