Housing lawyer: when to instruct one and what to expect

Many housing problems can be resolved without legal representation. But in some situations, instructing a housing solicitor is important. This guide helps professionals understand when a client needs a housing lawyer, and what working with one involves.

What does a housing lawyer do?

A housing solicitor or legal adviser handles legal matters relating to rented housing. This can include:

• Housing disrepair claims
• Defending eviction proceedings
• Challenging possession orders
• Advising on tenancy rights and obligations
• Representing tenants at court hearings
• Ombudsman complaints
• Judicial review of council housing decisions

When should a professional refer a client to a housing lawyer?

Possession proceedings are underway. If your client has received a possession claim or a court date, legal representation can make a significant difference. Many tenants attend possession hearings without a lawyer and do not get the best outcome.

The client has a disrepair counterclaim. Where a landlord is seeking possession partly because of rent arrears, a disrepair counterclaim can reduce or eliminate those arrears. This requires legal advice to do properly.

The landlord is harassing or attempting illegal eviction. Urgent legal intervention may be needed, including injunctions.

A housing disrepair claim is appropriate. If the client has been living in disrepair and the landlord has not acted, a housing disrepair solicitor can handle the claim. This is a no-win no-fee process with no upfront cost to the client.

The council has made a negative homelessness decision. Reviews and appeals benefit from legal support.

What is the difference between a housing solicitor and a housing disrepair firm?

A housing solicitor typically handles a range of housing law matters. A housing disrepair firm (like Support for Tenants) focuses specifically on disrepair claims and handles them on a no-win no-fee basis. For disrepair specifically, a specialist firm is often more efficient than a general housing solicitor.

Does the client need to pay?

Not necessarily. For housing disrepair claims, no-win no-fee arrangements mean the client pays nothing upfront. Legal aid may be available for some types of housing cases, including urgent possession hearings and illegal eviction, through legal aid solicitors. Check eligibility early.

What should I prepare before referring to a lawyer?

Gather as much of the following as possible:

• The tenancy agreement
• Any written communication with the landlord
• Photographs of any disrepair
• Court documents (if possession proceedings are in progress)
• The client's contact details and a brief summary of the situation

The more information you can provide, the faster the solicitor can assess the case.

How do I refer a client for a disrepair claim?

Call us on 0800 030 4669. We can take a referral from you or arrange a direct call with the client. There is no cost to refer.