Jun

Tenants face little chance of finding Legal Aid when remote possession hearings begin in August

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The Law Society has called for vulnerable
tenants to be given access to Legal Aid when the possession hearings re-start
in August, but experts that LandlordZONE has talked to warn that this laudable intention
is unlikely to be delivered.

The Law
Society says the lengthened stay on evictions is an important step to protect
vulnerable tenants, and its president Simon Davis claims that: “When hearings
recommence, it is vital that legal aid is available to tenants and that the
safety of court users is ensured.”

After August 23^rd, Courts will hear most possession hearings
remotely until the autumn and could conduct possession hearings by phone or
Skype.

Letters sent our recently by at least three county courts suggest that the lack of a duty solicitor, plus the practicalities of remote hearings, will make it hard for tenants to access any sort of advice and support, including Legal Aid.

Duty solicitor

But housing solicitor Sue James, of Hammersmith & Fulham Law Centre, believes taking away the duty solicitor will almost certainly mean more evictions.

“Clients facing possession proceedings often
have welfare benefit problems which means they are on very low incomes,” she
says.

“They may also lack computers to access the
court remotely or to have data or credit on their phones. Remote hearings for
duty possession cases are not workable.”

The housing team at Citizen’s Advice tells LandlordZONE that many of its offices are already working with their local courts to discuss what support can be put in place so defendants have access to advice beforehand, and representation if needed.

It adds: “If they have been unable to access
advice, then they should ask the court about what local arrangements have been
made. They could also ask the court to adjourn the case to allow more time to
get advice.”

Paul Shamplina of Landlord Action adds: “Getting Legal Aid at the best of times is very difficult for tenants because they have to prove they quality and often they don’t, but until we get a clear understanding of court representation, everyone’s a bit in the dark.”

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