Archives

A difficult hackney council flat succession case.

March 25, 2020

You can succeed to your parents council tenancy We are often asked if the son or daughter of a council tenant can succeed to their parent’s council tenancy when they die. Succession cases can be difficult but the answer is that a family member can succeed providing: They have lived in the premises for at […]


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Unregistered deposit floors possession claim

March 13, 2020

£70 deposit paid in 1999 saves tenant from eviction Our client occupied a room in a building containing 25 rooms with shared facilities for a kitchen The premises were run by the Polish Women’s Benevolent Association and the client first moved into the premises on or about September 1999 when she gave a deposit of […]


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Possession claim defeated where council claimed subletting.

March 3, 2020

Tenant shows that flat was his main and principle home. In this case the London Borough of Hammersmith and Fulham issued possession proceedings against the client alleging that the client had been in breach of Section 93 of the Housing Act 1985. Further that the client had failed to use the premises as his main […]


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Anti-Social behaviour claim for possession. Win for council tenant.

February 28, 2020

Council fail to evict disabled client who had done no wrong. In this case possession proceedings were issued by the London Borough of Haringey against the client. They said  that her children were encouraging groups of boys to congregate on the estate. Further that these boys were involved in anti-social behaviour such as playing loud […]


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Possession claim dismissed despite long absence abroad

February 21, 2020

Client,  abroad for years,  showed that her flat was still her main and principle home. Our client was the tenant of a large housing association. She had resided in the premises since October 2006. Possession proceedings were issued alleging that she had been subletting her premises and had not been living there. A long stay […]


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Succession case win for council tenant

February 18, 2020

The benefit of legal advice if you want to succeeed to a council tenancy The client had resided in council premises with his mother for over 30 years. The flat was originally in the name of his father and his mother. They had divorced in 1991 and the father had moved out. After his mother’s […]


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Disrepair counterclaim wins possession case.

February 13, 2020

Possession case win for Southwark tenant with disrepair counterclaim Our client’s adult son had been convicted of supplying Class A drugs. As a result, the London Borough of Southwark. served notice seeking possession under Condition 1 of Section 84A the mandatory ground for possession and in the alternative Ground 2 Schedule 2 of the Housing […]


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Prisoner Housing Case Win

December 6, 2019

Prisoners often face possession claims based on either anti-social behaviour or the offences they committed. In many cases Moss & Co can avoid the prisoner losing their home and sometimes defeat the claim entirely.


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