Ministry of Justice Consultation to enhance legal support for those facing eviction or repossession

Ministry of Justice Consultation to enhance legal support for those facing eviction or repossession

15:49 PM, 26th November 2021, About 2 months ago 3

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The Ministry of Justice 8 week consultation sets out a new approach to the delivery of legal aid for housing possession proceedings. The proposed changes will improve access to legal aid for anyone at risk of losing their home and provide holistic advice to individuals most in need.

The Housing Possession Court Duty Scheme (HPCDS) offers free ‘on-the-day’ legal advice to anyone in danger of being evicted from their home or having their property repossessed, regardless of their financial circumstances. Given the vital role the HPCDS plays in ensuring access to justice and the timely resolution of legal problems, the continuation of the service is of paramount importance.

For some time, the Ministry of Justice has worked to develop a package of measures to improve the sustainability of this vital scheme, improving access to legal advice and representation for anyone facing possession proceedings in court.

The consultation proposes several key changes.

  • Remodel the delivery of the HPCDS to become a new Housing Loss Prevention Advice Service (HLPAS), incorporating both the existing service of advice and representation at court but also early legal advice before court.
  • Expanding the scope of legal aid so that HLPAS providers can offer early legal advice on social welfare law matters to individuals facing procession proceedings.
  • Contracts for individual courts rather than larger geographical areas.
  • Allowing providers to claim for the court duty fee in addition to a Legal Help fee for follow on work.
  • Introducing a set attendance fee for all schemes, replacing the existing nil session payment.

Some of these proposals are similar to those consulted on prior to the onset of the Covid-19 pandemic and were well-received by legal aid providers and other stakeholders. The previous consultation was discontinued as the way possession proceedings were being heard underwent significant changes during the pandemic and we needed to further consider the best approach.

Have your say: Housing Legal Aid: the way forward

  • The consultation will be open for 8 weeks, closing on 20 January 2022.
  • A paper summarising responses will be published within 3 months of the closing date of the consultation.


Comments

by Mick Roberts

12:57 PM, 27th November 2021, About 2 months ago

They say:

Some of these proposals are similar to those consulted on prior to the onset of the Covid-19 pandemic and were well-received by legal aid providers and other stakeholders.

Did they actually ask the other side? The people providing the housing? Now I'm sticking up for Benefit tenants here as I've only done about 9 evictions over 24 years & considering my number of houses & demographic of tenants, that ain't bad.
But cause they gave so much support to tenants during Covid ie. Yes u can live there rent free for 18 months & there is note the Landlord can do about it. We are now in the position that them same tenants PLUS now another thousands & thousands of more tenants are paying much more rent & supply has reduced further cause I'm hearing (on here too) of that many Landlords that cun't get their house back from bad tenant, now they have or close to have, they packing up, selling, no more property for the next tenant.

Gees, us that stay in business, we gonna' be multi millionaires cause the tenants can never leave us nor want to, we have no voids for big refurbishment costs in between & we can charge what we like.
Again before u shoot me down, many of mine are paying £100-£200 below market rent as I know 'em, loyal, compassion, empathy all that. But when new tenant comes in, I don't know 'em, I'm looking after myself cause I/we never know when/where the next Govt/Council attack/cost/charge/law/reg/rule/Trumped up charge is going to come from. So I'm getting as much rent as I can off next tenant. Cause I ain't got any competition cause the sensible Landlord has packed up when he could.

by Mick Roberts

12:59 PM, 27th November 2021, About 2 months ago

And this post here confirms what I've just said:

https://www.property118.com/mismatch-between-supply-and-demand/

by peter-sharples@outlook.com

12:54 PM, 30th November 2021, About 2 months ago

All my tenants will have their rent increased in July by at least 10% if they don't like it will sell up. Sick of all these protection. The year after that another ten percent increase and so on. This. Government needs to learn


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