Solicitor warns that tenants facing eviction ban must be given legal aid

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

x

Email the story to a friend



11 Comments

  1. Will2

    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.

    Report
  2. PMT

    …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?

    Report
  3. Robert_May

    How about giving the cash to the landlord and clearing the arrears?

    Report
  4. Property Poke In The Eye

    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?

     

    Report
    1. PossessionFriendUK39

      Paracites,  the lot of them

      Report
  5. PossessionFriendUK39

    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   !

    Report
  6. Woodentop

    Legal aid for what? Didn’t comply with their terms in the tenancy agreement!

    Report
  7. Mothers Ruin

    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.

    Report
    1. PossessionFriendUK39

      You should complain to the Local Govt Ombudsman and recover your losses.

      Contact us for advice if required.

      Report
    2. Woodentop

      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.

      Report
      1. PossessionFriendUK39

        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.

        Report
X

You must be logged in to report this comment!

Comments are closed.

Thank you for signing up to our newsletter, we have sent you an email asking you to confirm your subscription. Additionally if you would like to create a free EYE account which allows you to comment on news stories and manage your email subscriptions please enter a password below.