HOUSING QUESTIONS
Frequently Asked Questions
We list here the most commonly asked questions in relation to housing law. If you have any other questions please contact us using the information at the bottom of this page.
Can I get Legal Aid ("Public Funding") for a housing dispute?
Yes, subject to the merits and means tests. Because the Human Rights Act 1988 frequently is a factor in housing cases, the Legal Services Commission is quite willing to grant Public Funding for such cases.
If I am served with Notice to Quit should I leave voluntarily?
Generally no. If you leave a tenancy voluntarily you become "intentionally homeless" and this may prejudice your case for obtaining further accommodation should you rely on the State for that. If you pay rent from your own means however you should not leave until you have fixed up somewhere else to live. Generally a tenant and licensee can never be moved without a Court Order.
If my existing Agreement is called a Licence rather than a Tenancy Agreement, does this mean I have no security of tenure?
Not necessarily. After the case of Street v. Mountford, the Court always reserves to itself to decide whether in fact there is a tenancy rather than a Licence and it does not matter what name the Landlord gives to the Agreement. It is a matter of fact and is for the Court to decide.
Free Enquiry
If you have any further questions please call us on 01243 786 668 or complete our online enquiry form.