Housing & Benefit Law FAQs

Will I be eligible for Legal Aid?

We would have to carry out an initial assessment of your income. If you fall within the eligibility criteria we would be able to provide you with initial advice, we would then assess your prospects of success and that the costs incurred would be proportionate to the likely benefit of the proceedings before we would be able to represent you at court.

I have been served with possession proceedings, will I lose my home?

Not necessarily. We can assist you in the following ways

1. If your property is rented we would do an assessment of your security of tenure to establish your rights and the legal process the Landlord has to go through to obtain a possession order.
2. We would identify the legal rules about what type of notice you are entitled to and whether you have been served with a valid notice.
3. We would identify what the Landlord must prove in court in order to be able to get a possession order.
4. If your property is mortgaged we are able to negotiate with the lender on your behalf. We would discuss all ways of maximising your income in order to reach an agreement before your lender refers the matter to court.
5. Once the lender starts possession proceedings we can assist in trying to obtain a suspended possession order, e.g. that the possession is suspended following an agreement that you will make payments plus a contribution to the arrears.

My landlord has changed the locks on my property and is refusing to return my possessions, what can I do?

We can advise you whether your Landlord has acted illegally and in certain circumstances apply for injunctions to secure your re-entry to the property. It is possible in certain circumstances to make an application for compensation if it is found that the Landlord has acted illegally and you have suffered inconvenience.

My Landlord won’t carry out repairs can I force him to do so?

We can assist in assessing whether your property is in a state of disrepair within the criteria of s.11 of the Landlord and Tenant Act. We would initially request that your Landlord complies with the Housing Disrepair Protocol and serve him with a notice of the works required and timescales to put the property right. Should the Landlord fail to do so in certain circumstances we can issue proceedings at court to ensure that he fulfils his legal obligations.

I have received a decision from the DWP and I want to appeal it, what is the process?

we can advise you about the appeal process and will be able to assess your prospects of success and advice you accordingly.

What benefits am I entitled to?

We can carry out a comprehensive overview of the benefits you should be receiving.

I have failed a medical assessment, can I challenge this?

Yes. We can advise you about how to challenge a medical assessment and appeal any decision you have received as a result of that assessment. If you are eligible for Legal Aid we may also be able to justify obtaining further medical evidence for you and assisting you in the appeal process.

I have a tribunal hearing, can you represent me?

Usually we will prepare legal submissions setting out your case to the tribunal however your circumstances will be assessed to ascertain whether or not we can justify attending as your McKenzie Friend.

I wish to complete an application for benefits, can you help me to complete it?

We can not complete benefit application forms unless it is a Disability Living Allowance (DLA) application. We are only able to help you to complete DLA applications as there is a strict legal criterion which you have to satisfy in order to be entitled. We can therefore help you to complete your DLA application as well as advising you about your correct entitlement and assisting you in any related appeals.

I was successful at the appeal but haven’t received my backdated payment. Can you help me to obtain this?

Yes we can liaise with the relevant benefit offices on your behalf to try and obtain the payment for you as quickly as possible.