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Fighting a Possession Order – Guide to Protecting Your Rights

Introduction: As a tenant, receiving a possession order from your landlord can be a daunting and stressful experience. However, it is crucial to understand that you have rights and options available for fighting a possession order and maintaining your tenancy. At Adel Jibs & Co, our team of experienced and dedicated legal professionals is committed to providing you with the knowledge, support, and representation you need to navigate this challenging process successfully.

Understanding Possession Orders When Fighting a Possession Order A possession order is a legal document that grants your landlord the right to take possession of the property you are currently renting. Landlords can seek possession orders for various reasons, such as rent arrears, breach of tenancy agreement, or the need to sell the property. When fighting a possession order, it is essential to carefully review the grounds stated in the possession claim form to determine the validity of your landlord’s case.

Submitting a Defence When Fighting a Possession Order

Upon receiving a possession claim form, you will also be provided with a defence form. This form allows you to present your arguments against the possession order and explain why you believe you should not be evicted. When completing your defence for fighting a possession order, consider the following factors:

  1. Procedural Irregularities: Scrutinize the possession claim process to identify any instances where your landlord may have failed to follow proper legal procedures. This could include issues such as improper notice periods or failure to provide required documentation.
  2. Challenging the Grounds for Possession: Evaluate the reasons provided by your landlord for seeking possession. If you believe that the grounds stated are not valid or do not apply to your situation, present evidence to support your position when fighting a possession order.
  3. Counterclaims: If you have experienced issues with the property, such as disrepair or your landlord’s breach of the tenancy agreement, you may have grounds for a counterclaim. Including a counterclaim in your defence can strengthen your case and potentially offset any rent arrears or other claims made by your landlord.

Requesting Suspension or Postponement When Fighting a Possession Order

In some cases, you may be eligible to request that the court considers suspending or postponing the possession order due to exceptional hardship. To qualify for this option when fighting a possession order, you must demonstrate that:

  1. You are capable of continuing to pay rent moving forward.
  2. Losing your home would cause you and your family severe difficulties, such as significant disruption to your children’s education or the inability to find suitable alternative accommodation.

When requesting a suspension or postponement while fighting a possession order, provide clear and compelling evidence to support your case, such as medical reports, school records, or financial documentation.

The Importance of Legal Representation When Fighting a Possession Order

Facing a possession hearing without proper legal representation can be overwhelming and significantly reduce your chances of success. The experienced solicitors at Adel Jibs & Co have a deep understanding of tenancy law and a proven track record of defending tenants’ rights when fighting a possession order.

Our team will work closely with you to gather evidence, build a strong defence strategy, and represent your interests throughout the legal process of fighting a possession order. We will ensure that you are fully informed of your rights and options at every stage and provide the support and guidance you need to make informed decisions.

Acting Quickly is Critical When Fighting a Possession Order If you have received a possession claim form, it is essential to act quickly to ensure that you meet all necessary deadlines and have sufficient time to prepare your defence when fighting a possession order. Contact Adel Jibs & Co as soon as possible to schedule a consultation with one of our knowledgeable solicitors.

During your consultation, we will carefully review the details of your case, advise you on the best course of action, and begin developing a tailored legal strategy for fighting a possession order to protect your rights and keep you in your home.

Remember, receiving a possession order does not mean that eviction is inevitable. By understanding your rights, submitting a strong defence, and securing expert legal representation, you can significantly increase your chances of successfully fighting a possession order and maintaining your tenancy.

At Adel Jibs & Co, we are committed to providing tenants with the highest quality legal services and support. Our team is here to stand by your side, fight for your rights, and work tirelessly to achieve the best possible outcome when fighting a possession order.

Don’t wait until it’s too late. Contact Adel Jibs & Co today at 02034173859 or info@adeljibssolicitors.co.uk to schedule your consultation and take the first step towards fighting a possession order and protecting your home and your future.


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