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Eviction

We regularly advise people who are threated with eviction, from the initial stages before a court or tribunal case is started, right through to evidential hearings and appeals if needed. Being threatened with eviction is always going to be a distressing time: our solicitors are here to provide you with the legal advice you need to help you to reduce the chances of you losing your home, and discuss your housing options with you.

In both court and tribunal cases we can often obtain expert reports, and draft the necessary documents to present your case as well as possible to assist in defending your case and helping you to keep your home. The sooner you seek assistance the sooner we can start to help, and give you advice on your options.

Eviction cases for tenants with a registered social landlord or a local authority go through the local Sheriff Court. The first stage in these cases is usually being sent a notice of proceedings, though depending on your case you may receive another notice which affects your tenancy. If you receive a notice of proceedings you can get advice from one of our solicitors: often if you get the right advice at the right time you can prevent an eviction action from being started. The next stage in these cases is receiving the Summons. This is the court document that starts your case, and will tell you when it will be in court. A solicitor can help you by providing you with representation at court, and can speak on your behalf in court. We can obtain expert reports and draft the necessary documents to assist you in defending your case and keeping your home.

If you are a private tenant, an eviction action will go through the Housing and Property Chamber of the First Tier Tribunal. Depending on what type of tenancy you have you should receive a notice to quit, an AT6 or a notice to leave before proceedings are raised. There are very complex rules about these notices, and assessing whether they are valid or not, and a solicitor can advise you on this. Tribunal proceedings are less formal that court proceedings, but expert legal assistance can help to identify any defence you have to the action, and can help to explain this to the Tribunal. If Tribunal proceedings are raised you will receive paperwork from the Tribunal, and this will give you the first date for your case, called a Case Management Discussion.

Evictions can occur in a wide range of circumstances, and you might not always be sure what sort of rights you have, or what type of tenancy you have. You might be in temporary homeless accommodation and not be sure of your rights, or you might have been locked out of your property and you might not be sure if that is lawful. Our solicitors deal with a full range of housing law, including evictions in a whole range of circumstances. Getting in touch with us may enable you to clarify what rights you have and help you to resolve your housing issues.

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