Practical tips

Carmel Ferguson, Solicitor with Housing Rights Service discusses the possibility of using estoppel as a defence in possession proceedings. 

A recent query on our advice line raised the question of whether the principle of estoppel could be used as a defence to certain possession proceedings in the private sector.

Carmel Ferguson, Solicitor with Housing Rights, looks at another successful homeless appeal carried out by Housing Rights Service.  As experienced advisers will be aware, an appeal can only be heard in the County Court if the case involves an error of law.

The mere mention of court can often scare a client and Small Claims Court is no exception.  While going to court is worrying to clients, it can also strike fear into the heart of an inexperienced adviser.  Small Claims Court is supposed to be a simpler form of court procedure that is quick and easy to use, but it’s still important that advisers are aware of the formalities that need to observed.