Tenants facing losing their home as a consequence of the eviction ban ending should qualify for legal aid support, according to the president of the Law Society of England and Wales.
Stephanie Boyce points to research by Citizens Advice, which shows that arrears have got worse for 40% of tenants who were already struggling with rent-related debts before the pandemic hit.
She said: “The Covid-19 pandemic has been a testing time for landlords and tenants alike. As we mark the end of the eviction ban, we urge the UK government to be cautious of next steps and to act in the best interest of the public.”
The latest data compiled by research consultancy Dynata for the National Residential Landlords Association (NRLA) shows that the average amount of rent owed by those in arrears during the pandemic is now almost £900.
Boyce added: “Legal advice must be available to all tenants facing eviction from their homes, no matter the circumstances surrounding the eviction, particularly when homelessness is a likely outcome. The earlier the advice can be received the better.
“While all efforts should be made to keep tenants and landlords talking and to ensure court litigation is undertaken as a last resort, caution should continue to be exercised around replacing legal advice with mediation.
“While the cases of Covid-19 have significantly reduced, the economic impacts of the pandemic continue. A balancing of tenant and landlord rights, therefore, needs to continue to be undertaken.”
Renters face losing their homes unless government provides financial aid
Comments (11)
Our eyes have been opened as to how Legal Aid works for tenants in recent months. In our case the council/CAB were hell bent on raising a defence against eviction for the tenant regardless as to the validity of the defence. Firstly they declared repairing issues which were proven to be false then they declared that an illegal tenant payment had been taken also proven to be false and finally that the HTR guide had not been correctly served on renewal of the tenancy which proved false. Since the defence was not covered under the eviction cover the landlord incurred further costs to prove that the defence was indeed false. The council/legal aid were wasting time and money throughout the shambolic process at no cost to them. The landlord/agent apart from eventually getting the property back were the only losers in this game as the Court had to take each and every defence raised seriously.
You should complain to the Local Govt Ombudsman and recover your losses.
Contact us for advice if required.
Same scenario’s with Shelter a year back who managed to get legal aid for Barrister to act on behalf of the tenant who hadn’t paid any rent for two years and landlord was running up his solicitor costs trying to get the tenant out. Eventually referred to me to take over case. Pretty simple process … Section 21, however the Barrister kept asking for time to review the case to challenge the landlord right to serve notice which was water tight and had covered all possible bolt holes and excuses the tenant could come up with. 10 months later judge at hearing issued immediate possession order. All a game to delay as the council had no property to house them and was more like didn’t want the tenant back on their books? Tenant not working (hasn’t for years) and no real course of redress for recover of costs and nearly 3 years lost rent.
There have been successful Ombudsman claims against councils for this. Cases like this need publicising and taken up with Legal Aid board, MP, Ombudsman. The NRLA certainly aren’t going to do it.
Legal aid for what? Didn’t comply with their terms in the tenancy agreement!
Exactly PMT, There is far too much Tax-payers money wasted on Legal Aid. Serial criminal get Barristers paid by the Tax-payer EVERY single time they’re caught in their life-long career.
Legal-Aid should only be available ONCE.
If your a Rogue tenant and serial Non-payer of Rent, – then No More tax-payers money.
All Landlords should join and support the Tax payers Alliance, – as we pay more than our fair share of taxes since Section 24 !
Stephanie Boyce probably just wants to line her own pocket with free hand out from the governement in the guise of legal aid.
What is the citizens advice bureau for?
Paracites, the lot of them
How about giving the cash to the landlord and clearing the arrears?
…if the average amount owed is £900, how much will the average legal aid bill be? Will any such legal advice be able to stop the evictions? If so, will this not just be postponing the inevitable?
Like any trade association they will want to flog their members services but this service is already provided free by shelter funded by the government B&Q nationwide building society (using members money as it is still a building society and not a bank) etc and other donations; if my understanding is correct. Not to mention the proposed free mediation service via the courts. I am sure I will be corrected if I am wrong.