Prisoner obtains vacant possession of his council property from unauthorised occupier
We represented our client, CP, in a number of different areas of Housing Law including:
defending possession proceedings brought by the landlord,
bringing trespass proceedings against an unauthorised occupier,
homelessness,
judicial review,
surrender of tenancy.
Background
CP succeeded to his mother’s council tenancy but was later sent to prison. Before his release, he was served with a Notice Seeking Possession for rent arrears. CP instructed GT Stewart Solicitors, and we persuaded the council to hold off pursuing proceedings while we assisted him in getting debt advice.
Unauthorised occupier
Immediately prior to his release, CP was informed that an unauthorised occupier was now living in his property. The council refused to evict the trespasser. We started possession proceedings against the occupier to obtain vacant possession of the property. When CP was released, he was moved to a prison hostel but he could still not return to his property. He made a homeless application to the council which was refused because he had a valid tenancy.
Judicial review
CP’s hostel accommodation was about to end and CP faced street homelessness. We prepared an urgent Pre-Action Letter for Judicial Review to the council citing its failures to accept a homeless application and investigate CP’s circumstances. The council did not respond so we prepared to issue judicial review proceedings on CP’s behalf.
The council finally agreed and provided CP accommodation under the Homeless Relief Duty. CP had been accommodated for 56 days when the council sought to end the Relief Duty. We challenged the inadequate Personalised Housing Plan and requested a section 202 review of the decision to end the duty. The council withdrew their decision and continued to accommodate CP.
Surrender
Meanwhile, a possession order against the unauthorised occupier was granted by the court. We took steps to instruct bailiffs and enquiry agents to carry out the eviction, and successfully opposed a last-minute application by the unauthorised occupier to stay the eviction.
Before the eviction, CP was recalled to prison for breaching his licence conditions. CP realised that rent arrears would continue to build up and instructed us to surrender his tenancy. We took the necessary steps to provide vacant possession to the council and lawfully surrendered the tenancy thereby stopping further rent arrears accruing.
Our client was represented by Joint Head of the Housing Team, Susan Gronbach, supported by Paralegal, James MacDonald. Marina Sergides and Nick Bano of Garden Court Chambers were instructed as counsel.
No. Do not attempt to remove unauthorised occupiers yourself otherwise you may commit a criminal offence under section 6 Criminal Law Act 1977. The court process should almost always be used to remove unauthorised occupiers from your property.
From issue of the claim to the eventual eviction of the unauthorised occupier can take up to one year using the standard possession process. The process covers:
- Issuing a Claim for possession,
- Service of the claim,
- Attending hearings,
- Obtaining a Possession Order,
- Obtaining a Warrant of Possession, and
- Executing the Warrant (i.e. eviction).
Yes you can, as a litigant in person. However we do not recommend pursuing a possession claim without legal representation. Possession is complex and the pitfalls are plentiful. If you lose the case, you may be liable to pay the other side’s legal costs. You may be eligible for Legal Aid to pursue a possession claim – check your eligibility here.
Once an Order for Possession has been obtained from the County Court, the person claiming possession will need to apply to the court for a warrant of possession (in the form N325). The court will send a letter confirming a Warrant of Possession has been granted, attaching a Bailiff Risk Assessment (EX97A). The Risk Assessment must be completed and returned to the court at the address provided in the letter.
Once the Risk Assessment has been processed, the court will send out a Notice of Appointment with Bailiff letter, setting out the date and time for the eviction. The letter contains is a tear-off slip which must be signed and returned to the court to confirm the appointment. Read the instructions on the letter carefully as it contains crucial information about the bailiffs and the eviction.