Housing Cases

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 […]

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 […]

Tenant wins possession case because the right documents had not been served at the start of the tenancy.

March 6, 2020

Posasession cases can be won on technical defences Our client was renting from a private landlord. The landlord decided they wanted our client to leave. However, there are very strict rules about the information a landlord must give at the start of a tenancy. If they fail to do so they may not be able […]

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 […]

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 […]

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 […]

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 […]

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.

Tenancy fraud success against Southwark Council. Social Housing (Prevention of Fraud) act 2013.

November 10, 2017

When is letting someone stay in your council flat not subletting? What does it mean to part with possession? Our client faced a claim for possession of her council flat because of alleged tenancy fraud. She also faced a claim for nearly £20,000 of rent she was meant to have received from subletting. The above […]

Client avoids £130,000 overpayment demand at overpayment appeal tribunal

November 1, 2017

Appeal tribunal success £130,000 overpayment demand set aside. Our client had a secure tenancy which commenced in 2013. He had been in receipt of Housing and Council Tax Benefit since June 2005. He received Incapacity Benefit and was now in receipt of Income Related Employment and Support Allowance. His problem first arose when he received […]

Tenancy fraud, subletting and possession claim success

January 27, 2017

Double success in trenacy fraud and possession case for council tenant investiagted under the Prevention of Social Housing Fraud Act 2013.

Homelessness cases

November 1, 2016

Two cases about suitability of accomodation and homeless applicants being placed in Bed and Breakfast accomodation.

Intentionally Homeless?

October 22, 2016

Client not intentionally homeless after leaving flat in disrepair The client made a Homelessness Application but the Council stated that the client made herself intentionally homeless and therefore they do not have a duty to accommodate her. Our client and her children had been living in rented accommodation which was in a serious state of […]

Possession proceedings dismissed for disrepair…

October 6, 2016

Possession claim dismissed, rent arrears cleared and compensation paid to Housing Association tenant.

Rent arrears possession order set aside and disrepair compensation awarded

July 27, 2016

The importance of independent lega advice in housing possession cases. Applying to set aside possession orders and counterclaiming for disrepair.

Landlord seeks possession against tenant serving prison sentence

July 20, 2016

Moss & Co client keeps her Housing Association home even though serving time in prison. The importance of claiming prisoners housing benefit.

Subletting possession claim success

July 13, 2016

Subletting claim dismissed against vulnerable adult Our client faced eviction from his council flat. The council claimed that he had sublet the whole of the property and had thereby breached his tenancy agreement and that they were entitled to possession. Our client told a different story. He said he was a vulnerable adult with major […]

House in Multiple Occupation Landlord Not Guilty

July 13, 2016

Landlord found not guilty of breached of the Houses in Multiple Occupation regaulations after 12 people found living in 2 bedroom flat. Importance of properly drfated tenancy agreement and evidence that defendant a bona fide buy to let landlord.

Disrepair claim succeeds, eviction avoided and compensation paid

April 1, 2016

Possession claim dismissed for disrepair and compensation paid Miss B had been living in her housing association property with her two sons since May 2007. There was disrepair at the property. She has been maintaining payments of her rent through her part time work and housing benefits. She fell into rent arrears in April 2014 after travelling abroad for 10 […]

Prevention of Social Housing Fraud possession claim fails

January 27, 2015

Social Housing Fraud Act claim by council fails and tenant re-housed Moss & Co were instructed to defend this Prevention of Social Housing Fraud claim. Our client was the tenant of a two bedroom council flat. He spent much time away in Africa. He allowed a “friend of a friend” to stay there and pay money […]

Moss & Co defend anti-social behaviour possession claim

December 4, 2013

Possession claim defended after conviction Our client was the tenant of a Housing Association property in Stoke Newington. There had been problems with a neighbour. Our client was arrested for assault on the neighbour and possession of an offensive weapon. He was refused bail and on admitting the assault sentenced to a short prison term. […]

Westminster Council agree to house prisoner on release

November 21, 2013

A home to go to after a long prison sentence Our client had been convicted of conspiracy to rob and was serving a sixteen year prison sentence. Housing Benefit is not available for those spending over 13 weeks in custody. His family were for the time being paying the rent and looking after his council flat. […]

Latest cases from Moss & Co. Housing Experts.

November 11, 2013

HOMELESSNESS Our client approached Hackney council as a homeless person, he was also registered disabled. His relationship with his wife had broken down and he could not longer stay with friends. He was told he had to go back and live with his wife even though they had separated. He had no keys to get […]

Offer of unsuitable accommodation to Homeless client overturned

October 17, 2013

Homeless client’s appeal succeeds Waltham Forest council said that a one bedroom flat they had offered was suitable. Our client had applied as homeless with her disabled son. The Council had accepted a full homelessness duty. This was because it was satisfied that she was homeless, eligible and in priority need. They agreed that she was not […]

Disrepair compensation and arrears written off.

October 13, 2013

Why do Social Landlords rush to claim possession when there is disrepair? Moss & Co Tenants’ department represented a client in a possession claim for rent arrears of £2000. Our client said that there was disrepair at the property. This included leaks in the kitchen and bathroom and a mouse and cockroach infestation. The client had […]

Bedroom tax arrears – possession avoided

October 2, 2013

Our client is a tenant of a Housing Association. She has a two bed room flat where she had lived for 18 years and brought up her family there. She was widowed in 2009 and had health problems. Although dependent on a small private income she also received housing benefit. The bedroom tax applied from 1st April 2013 which […]

Hospital patients eviction stopped

October 1, 2013

Eviction stopped Mr. A was taken into hospital following deterioration in his long term health problems. He had been in rent arrears for a few months and, although entitled to housing benefit, had struggled to sort out his payments from hospital. Even though his landlord knew about his health problems he was served with court […]

Disrepair and Possession – Court orders private landlord to do repairs and pay £15,000 compensation in disrepair case.

August 6, 2013

Our client the short hold tenant of a private landlord approached Moss & Co after years of trying to convince her landlord to carry out essential repairs in her house.

Possession – eviction avoided, arrears cleared and compensation paid

August 6, 2013

Our client was given notice to leave her home because of anti social behaviour by her ex partner who she had allowed to stay for a short while and arrears of rent.

Homelessness – client not intentionally homeless

August 6, 2013

Mrs F had been living with her husband in a property let by a private landlady. When her husband left her with her three children she claimed housing benefit to cover the rent.

Tenancy succession – Client not entitled to succeed but alternative housing offered.

August 6, 2013

Mr J had lived at a property in Hackney with his mother for 37 years and when she passed away he made an application to succeed to the tenancy.

Human Rights of Tenant with Mental Health problems. Housing association fails to follow its own policies – eviction avoided

June 20, 2013

Our client suffered from schizophrenia and had been housed as a vulnerable person. He was informed by his housing association that he was to be evicted.

Homelessness – no forced return to matrimonial home. Council accept duty to house

June 20, 2013

Our client has two young children. Her marriage had broken down. She went to the council for housing who told her she was not homeless and must to go back and live with her husband.

Court allows client back into her home after eviction

June 20, 2013

A young mother with three children approached Moss & Co after they had been evicted from their housing association property.