An interim report commissioned by the Law Society has found that “housing legal aid work is loss-making for most providers” and that “it’s increasingly difficult to recruit and retain talent, and housing providers are exiting the market.”

Depressingly, “Legal aid fees have not increased since 1996, and in 2011 were cut by 10%…Conversely, typical legal costs have increased 90% since 1996, and by 40% since 2011”.

The interim report states that this lack of profitability has led to, “difficulties with recruitment and retention, leading to an ageing supervisory group and a thin pipeline of talent willing to pursue a career in the area market exit – the number of housing legal aid providers has reduced by a quarter in the last five years.”

Furthermore, many people live in so called “legal aid deserts” and the Law Society’s own research has shown that, “42% of people in England and Wales did not have access to a local housing legal aid provider”.

This is a bleak state of affairs given that the backdrop to this is a surge in no-fault evictions https://bit.ly/3TxbGv6 and the fact that both mortgage and landlord possession claims in general are on the rise https://bit.ly/4986Utv

At TV Edwards LLP we have a dedicated team of solicitors with expertise in housing cases and we are committed to housing legal aid work.

To give you an insight into the type of cases we deal with, here are some of the successful outcomes in the last 12 months.

Possession Proceedings – Alleged Sub-letting

We acted for an assured tenant who had travelled abroad during the Covid-19 pandemic after a family bereavement. Unfortunately, the client was unable to fly home for almost 2 years for various reasons. The client’s landlord served the client with a Notice to Quit and Notice Seeking Possession; alleging that the client had not been using the property as his only or principal home and that he had sub-let the whole of the property. We defended the possession proceedings and ultimately settled the matter where a Suspended Possession Order was made, meaning that the client will retain his home if he complies with the terms of the order.

Homelessness – Intentionality

The local authority issued possession proceedings against a non-English speaking client living in temporary accommodation, following a negative homelessness review decision made over 3 years before we opened the client’s case. We advised the client to make a fresh homelessness application and made representations that the client was not intentionally homeless from her previous privately rented accommodation given that when she surrendered that tenancy, she was not aware that the temporary accommodation she had been provided by the local authority was for a finite period as she had not been advised of this via a professional interpreter. Ultimately a fresh homelessness application was accepted, and the main duty accepted by the local authority which means that they have a duty to continue to accommodate her.

Rent arrears possession proceedings

We acted for a tenant after his landlord issued possession proceedings based on rent arrears. We defended the possession proceedings and issued a counterclaim based on the poor housing conditions in the property including various leaks which caused damp and mould and the fact that the private landlord had failed to protect the client’s deposit. The case proceeded to trial after we obtained a default judgement after the landlord had failed to file and serve their Reply and Defence to Counterclaim on time. At trial, the court dismissed the possession claim and awarded the client damages of £49,733.42 plus costs.

Possession Proceedings – Succession

We acted for a client who was living in his late partner’s housing association tenancy. After the tenant died, the client made an application to succeed the tenancy on the basis that he was the late tenant’s cohabitee and partner and they had been living together as a couple. This application was refused, and the landlord of the property issued possession proceedings against the client. During the course of the proceedings, we obtained a number of witness statements from friends and neighbours confirming the client’s residence at the property and the nature of his relationship with the late tenant. Ultimately, the case was settled after the Housing Association agreed to grant the client an assured tenancy of his late partner’s property.

Committal following alleged breach of an Anti-Social Behaviour Injunction

We acted for a vulnerable client after his social landlord applied to commit him to prison for alleged breach of an anti-social behaviour injunction. The interim injunction had been obtained some years before the client had approached this firm and as the client had not been legally represented at the time the order was made, it had no end date. We obtained a number of witness statements from various neighbours confirming that the alleged noise nuisance was not emanating from the client’s property but from neighbouring properties. During the course of the proceedings, the client became housebound, and several final hearings had to be adjourned. We ultimately managed to settle the matter on the basis that the application for committal be adjourned generally and be dismissed if no application to restore is made within a certain period. We also agreed that the interim injunction be discharged within a certain period. This vulnerable client therefore avoided imprisonment.

Application for Re-Entry following an Eviction

We acted for a vulnerable assured tenant who was evicted from her home of over 16 years. The client only realised that she had been evicted when she returned home to find that the locks had been changed and her dog had been locked inside. The client and her mother had been in regular contact with her landlord by phone regarding the client’s mental health issues prior to her eviction, but her landlord had not confirmed the impending eviction in any of these conversations. Further, the client felt reassured by her landlord that her home was safe given that she was paying her rent. This case was ultimately settled on the basis that the client’s aunt was able to pay a lump sum to reduce the arrears and the client was able to re-enter her home and retain her tenancy despite the eviction.

The above case examples highlight why legal aid is vitally important to help occupiers enforce their rights.

How we can help

If you, or someone you know, are facing similar housing issues to the above, then you should seek urgent specialist advice.

TV Edwards has a team of solicitors with expertise in housing cases. If you are seeking legal advice relating to housing issues, then please contact us on 0203 440 8000 or by email to enquiries@tvedwards.com to see if we can assist.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.