Questions over legal scheme for tenants to fight eviction

Questions over legal scheme for tenants to fight eviction

0:01 AM, 4th August 2023, About 9 months ago 8

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Questions are being asked over a new government initiative that offers free expert legal advice – including having a lawyer in court – for tenants facing eviction or home repossession.

Known as the Housing Loss Prevention Advice Service, the scheme will provide legal support for up 38,000 people every year.

The renter can access the service when they receive a written notice from their landlord, which may come in the form of an email or letter.

Funding for the scheme comes from a £10 million fund for housing legal aid.

Enough solicitors available to do offer the service?

However, legal experts are questioning whether there are enough solicitors available to offer the service after years of legal aid cutbacks.

The Law Society says that ‘in principle’ it supports the scheme.

Its president Lubna Shuja the plan highlights the benefits of accessing early advice and the potential to resolve issues ‘holistically’.

She said: “We cannot overestimate the value of early legal advice as it can help address problems before they escalate, preventing cases from going to court unnecessarily.

“However, we have continuing concerns as to whether the system will be effective, and about the increasing legal aid advice deserts caused by long-term underfunding of the system.”

Ms Shuja added: “The scheme is provided by solicitors and therefore contingent on the number of solicitors able to do the work.

“With rising legal aid advice deserts, there are fewer and fewer legal aid practitioners able to give legal advice.

“Those facing eviction will not be able to access vital legal advice if there is no legal advice provider in their area.”

Landlords wanting to repossess a property

The same scheme is also open to mortgage holders, but it looks like landlords wanting to repossess a property could be facing higher legal court costs to evict a tenant.

And the process could take longer.

That hasn’t stopped the move being welcomed by homelessness charity Crisis who say the government must ‘work together to address the main issues at hand to prevent people from becoming homeless in the first place’.

Francesca Albanese, the charity’s director of policy and social change, told Sky News: “With rents and living costs continuing to increase at pace and housing benefit frozen for three years, thousands of people simply cannot afford to keep a roof over their head.

“We urgently need the Renters Reform Bill and investment in housing benefit to protect people at risk of losing their home.

“Failure to do so will see thousands more households facing the uncertainty of eviction and be at risk of homelessness.”


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Comments

Shinh

10:20 AM, 4th August 2023, About 9 months ago

Another reason for a UK Tenants Register.

At this rate you'll own the house and gave no say on any other matter

Crowdfunding at

https://gofund.me/d95ac5b8

Mick Roberts

11:29 AM, 4th August 2023, About 9 months ago

Hang on a minute, so you are telling me, I rent my £150,000 house out that I've spent £30,000 on & 4 months refurbishing like new, that if I want it back, you are going to make this extremely hard & near impossible & fight me with all the free for tenant lawyers possible, with every small print you have? I'm sorry, I'm not even giving u the house to start with.
And that Renter's Union and Shelter, is why very good tenants {and most are good-All mine are) can't get anywhere, and if they can, they paying through the roof. Supply demand creates extortionate rent. All Govt Council Shelter Renter's Unions making.

Marie Lee

8:53 AM, 5th August 2023, About 9 months ago

Reply to the comment left by Mick Roberts at 04/08/2023 - 11:29
I quite agree with you, I was appalled to read this latest 'help the tenant to stay in the property and abuse the LL (sometimes)” scheme. How can any LL possible get their property back, even using the proper legal channels when we are snookered once again? Although there are some bad LLs out there, most of us are decent people who just want to earn a living and sell our property when we want to.

Mick Roberts

9:00 AM, 5th August 2023, About 9 months ago

That's the thing. We haven't GAVE it the person. We've borrowed it them or lent (I never get that right).

They paying money to use it. Yes it is their home which is important, but if it's super important that they MUST NEVER leave, then u asking the wrong normal human single beings to rent it them in the first place. We aren't a Council or charity. We providing a service which we get paid. We aren't the Salvation.

Smiffy

7:20 AM, 10th August 2023, About 9 months ago

We need to be able to hold the same fund liable for all costs when the eviction finally occurs. If the fund is going to stand by the tenant, running up costs, it should be held jointly and severably liable.

However, even after 30 years at this lark, I still find the concept of "no fault" evictions unpalatable, and understand why they get fought. If there is a reason to evict, declare it and use it.

The real issue behind this is why landlords want no fault evictions, the courts should be feeding this back to the lawmakers.

Stella

10:27 AM, 10th August 2023, About 9 months ago

Reply to the comment left by Mick Roberts at 05/08/2023 - 09:00
I do not understand this "no fault eviction" If a tenant signs a contract for say one year then that is the length of the contract and it should be their home for that period of time.
Surely if they wish to continue with the tenancy it should be by mutual agreement.
If Mr Gove expects us to give control of our assets to tenants as his policies would indicate I suggest that he should acquisition some more barges because he will need a backup plan

Tony Johnson

11:56 AM, 10th August 2023, About 9 months ago

"losing their home"
It's not theirs.
If they are being legally evicted under the terms of the agreement there should be no court involvement.
They are not losing anything, their contract is not for life.

A Rental Agreement is not deeds of ownership nor a Hire Purchase Agreement.

Smiffy

13:15 PM, 10th August 2023, About 9 months ago

Reply to the comment left by Tony Johnson at 10/08/2023 - 11:56
Sorry Tony, it IS their home, it just not their property.

the definition of "home" is where someone lives.

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