A Government scheme to offer free legal advice to up to 38000 people a year at risk of losing their homes was launched on August 1st.
The support, announced by the Ministry of Justice, is part of an additional £10million for housing legal aid administered across England and Wales. It is aimed at people facing either eviction or repossession and forms part of a broader initiative to prevent homelessness.
The legal advice will be available through the Housing Loss Prevention Advice Service as soon as a tenant or homeowner receives written evidence from a landlord or lender either via email or letter
Examples of written evidence include a letter or notice from a landlord where an informal licence exists; notice to quit from a landlord where a renting arrangement lacks the security of tenure; letter before action as required by the Pre-Action Protocol For Possession Claims based on Home Purchase Plan Arrears in Respect of Residential Property; notice seeking possession served by a landlord; and a letter from the court notifying the Client that possession proceedings have been issued.
The Housing Loss Prevention Advice Service replaces the Housing Possession Court Duty Service which offered only ‘on the day’ emergency advice and advocacy.
Facing hardship
The Government hopes that an early intervention might reduce the number of cases coming to court although the range of support can include representation if formal proceedings take place.
The scheme was warmly welcomed by homelessness charities like Crisis and by the National Housing Federation.
But should landlords be quite so enthusiastic about the scheme which, along with the Renters (Reform) Bill currently going through Parliament, could be seen as another measure designed to benefit tenants?
Included among the Bill’s proposals is a ban on Section 21 – so-called ‘no-fault – evictions. And some landlords may see this new initiative as a further barrier to them regaining control of their properties – perhaps even prompting them to serve Section 21 notices sooner rather than later.
Nathan Emerson, the CEO of Propertymark, the professional organisation for estate and lettings agents, said: “We recognise the Government is seeking to support people facing hardship or eviction, however, there needs to be an equitable system in place which is responsive, fair and progressive for all parties involved.
“We encourage the government to work more closely with landlords and agents to provide support or at least take measures to reverse the primary causes which sees many landlords selling and having to potentially evict tenants from their homes in the first place.
“It is also vital to consider the flip side of the coin whereby many landlords are also dealing with increased costs making it challenging to operate.
Will not be effective
“Any new system must prove fair, sensible and workable for landlords, agents and tenants equally. We welcome the idea of having procedures that address concerns, keep pace with fast moving legislation and bring swift resolutions on an individual basis.”
Quarterly statistics Ministry of Justice figures from April to June this year show that landlord possessions increased by 24% compared to the same period last year.
Law Society president, Lubna Shuja, commented: “The increasing cost-of-living and rising interest rates have heavily impacted people’s ability to afford their homes, so it is critical people are able to access legal help for their housing issues.
“Our research has found that 25.3m people – 42% - do not have a local legal aid provider for housing advice. More and more firms can no longer afford to offer this service as legal aid rates have decreased by almost 50% since 1996.
“We are pleased the Government launched the service but without providers there to do the work, this service will not be effective.
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