Courts need more cash to help prevent tenant eviction – Law Society

Courts need more cash to help prevent tenant eviction – Law Society

0:04 AM, 18th November 2024, About 4 days ago 26

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The Law Society of England and Wales has issued an urgent call for increased funding for legal aid to support renters at risk of eviction.

The plea comes as new figures from the Ministry of Justice reveal a significant surge in possession orders.

Mortgage possession orders have rocketed by 38%, from 2,923 to 4,038, compared to the same period in 2023.

Similarly, landlord possession orders have increased by 7%, from 17,987 to 19,254.

The society says that these statistics indicate that nearly 25,000 people could face eviction.

As the housing crisis intensifies, the Law Society is urging the government to invest in the courts system to help deliver much-needed ‘rental market reforms’.

‘Urgent need for rental reform’

Law Society president, Richard Atkinson, said: “The rising number of eviction orders reflects the alarming state of our housing crisis and the urgent need for rental reform.

“The cost-of-living crisis has meant that renters are increasingly at risk of losing their homes.

“When faced with repossession, renters should be entitled to legal representation and access to justice.”

He added: “However, an underfunded justice system has denied renters a fair chance in court due to lack of legal aid.”

Legal aid provider for housing advice

He goes on: “It is deeply concerning that 25.3m people (42%) do not have a local legal aid provider for housing advice.

“This means that there is no support for renters who cannot afford legal help.

“It is critical that the government invests in the legal aid system, so that renters have the help they need to avoid losing their homes.”

He adds: “While we welcome the government’s Renters’ Rights Bill, it will struggle to achieve effective rental reform without funding the justice system and legal aid.

“The government must immediately invest £4.3 million in housing legal aid alongside the Bill to close this gap in provision.

“Labour must recognise that only a well-funded justice system can protect renters’ rights.”


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Godfrey Jones

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12:54 PM, 18th November 2024, About 3 days ago

To protect Tenants? I think we can all read between the lines - it's part of the death knell for Landlords!!!
Who in their right mind would let their property now knowing how heavily the deck is stacked in favour of Tenants?

Mick Roberts

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14:27 PM, 18th November 2024, About 3 days ago

Reply to the comment left by NewYorkie at 18/11/2024 - 12:51
U say that & it used to be thought that.
I've just had made about 6k rent arrears Section 8.
She's done counter claim saying boiler wasn't fitted quick enough in 2019 & Judge has stopped the Section 8 for now.
I know nothing of Section 8's but apparently tenants can then argue disrepair issues.
I can see more Landlords selling now every time we hear these Anti Landlord measures.

TheMaluka

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14:29 PM, 18th November 2024, About 3 days ago

Reply to the comment left by NewYorkie at 18/11/2024 - 12:51
Sorry to disillusion you, but that is just not so, the judges have sneaky ways of disallowing even mandatory grounds. I had a tenant nearly a year in arrears and the judge advised her to find some disrepair to offset the arrears and adjourned the case so that she could find something wrong. The disrepair surveyor found no disrepair. It took nearly two years and cost me £12k to get her out. Cost to her, £nothing.

Smiffy

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14:50 PM, 18th November 2024, About 3 days ago

We need to start holding Judges to account, they should not be advising tenants to "find some disrepair", they are overstepping their duty.

A delayed boiler repair from 5 years ago, should not delay a £6k arrears claim. A Judge might be justifying in reducing the arrears debt IF the delay back then was justified, but if the fact remains that the tenant hadn't raised the issue in 5 years and was still £6k in debt.

We need to stand up to Judges and not accept this crap, argue with them in Court and be prepared to read the law back to them, chapter and verse.

PH

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14:57 PM, 18th November 2024, About 3 days ago

Reply to the comment left by Mick Roberts at 18/11/2024 - 11:00Mick you can't teach common sense which why the country is a complete and utter shambles. People go and get all these hobnob qualifications and earn an absolute fortune whilst sinking the country into an ever deeper hole (nearly said 'black' there ) but no one seems answerable after making horrendous mistakes, they just take their millions and disappear leaving us all in the s*** ! Qualifications are good but unless they're backed up with common sense they're bl##dy dangerous. Pennycook will still swear blind there's not a tenant housing crisis and landlords are not selling up. In 4 years time when they get booted out they'll blame private landlords because we didn't invest in more houses ...after they increased stamp duty from 3 to 5% on second homes. As I said, the leaders of the country are very dangerous.

PH

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15:02 PM, 18th November 2024, About 3 days ago

Reply to the comment left by Dylan Morris at 18/11/2024 - 11:13
I will do, no question about it.

Blodwyn

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15:04 PM, 18th November 2024, About 3 days ago

None of these excellent comments tackle the central issue. It is that successive governments have deliberately and cynically starved litigation courts dealing with civil and criminal trials and have emasculated legal aid for those who deserve it. Such as the widow whose husband has been killed in a road or industrial accident? Someone can tell me if Trade Unions still look after their members? They did provide a marvellous service but I am pushing 80 so out of touch. But I still feel so angry at successive governments' wilful failure.

Vibha Spal

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15:06 PM, 18th November 2024, About 3 days ago

Clearly Law Society and judges with their supposedly law degree, experience etc are not legal practice as people expect it, no balance in upholding the law, not qualified to judge who is right or wrong, goodness and evil wrongdoings. Somebody needs to hold them to account. Tenants are not brought up to pay rent on time. The streets are free, of they cannot or will not pay. Councils or the government cannot offer them free housing, so where can they stay. Landlords have their own commitments on those rented properties. It seems the government and the judges are clearly teaching the tenants to lie, dodge rent payments. Maybe such judges should relinquish some of their huge salaries to help the tenants, as they do not have mortgage on the tenanted properties, that are in default. Judges should educate the tenants on how to behave like good tenants to stay in a rented place.

Smiffy

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15:15 PM, 18th November 2024, About 3 days ago

maybe we need to start publishing the transcripts from these hearings.

Mick Roberts

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15:35 PM, 18th November 2024, About 3 days ago

Reply to the comment left by Smiffy at 18/11/2024 - 14:50
Ridiculous isn't it, as you say Why wasn't it raised then....

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