9:37 AM, 1st August 2023, About A year ago 27
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Tenants facing eviction in England and Wales can now get free legal advice – and access to a lawyer in court – from a new government-backed scheme.
Designed to help tenants avoid losing their home and from going through stressful and expensive court proceedings, renters can access the service when they receive a written notice from their landlord.
The service is also being offered to mortgage holders facing repossession from their mortgage lender.
Both the tenant and homeowner can have a lawyer represent them in court, regardless of how much money they have.
The Justice Minister, Lord Bellamy, said: “Having access to the right legal advice at the earliest point possible is crucial for those who face losing their home, to ensure they have the support and help they need.
“We are creating this new service so that fewer people lose their home and can get help with their finances and resolve issues before they escalate.”
The scheme also covers housing, debt and welfare benefit matters, including help with claiming benefits, reducing debts or accessing support services to improve health and wellbeing.”
The government is investing an extra £10 million a year into housing legal aid to provide this wrap-around care.
It is expected to help about 38,000 people a year to keep their homes and improve their lives.
Felicity Buchan, the Minister for Housing and Homelessness, said: “I want to ensure we are giving households all the help and support they need to stay in their homes.
“That is why we are spending £1 billion through the Homelessness Prevention Grant which can be used to work with landlords to prevent evictions.
“At the same time our Renters’ (Reform) Bill will give tenants more security in their homes by abolishing Section-21 ‘no fault’ evictions.
“This new service allows us to go even further and ensure tenants are getting the right legal help and support – all part of our wider work to prevent homelessness before it occurs.”
Propertymark’s chief executive, Nathan Emerson, said: “Propertymark recognise the UK Government is seeking to support people facing hardship or eviction, however, there needs to be an equitable system in place which is responsive, fair and progressive for all parties involved.
“We encourage the government to work more closely with landlords and agents to provide support or at least take measures to reverse the primary causes which sees many landlords selling and having to potentially evict tenants from their homes in the first place.”
He added: “It is also vital to consider the flip side of the coin whereby many landlords are also dealing with increased costs making it challenging to operate.
“Any new system must prove fair, sensible and workable for landlords, agents and tenants equally.
“We welcome the idea of having procedures that address concerns, keep pace with fast moving legislation and bringing swift resolutions on an individual basis.”
The Housing Loss Prevention Advice Service aims to prevent homelessness and improve the quality of the private rented sector by supporting responsible renters and landlords.
The scheme is part of the wider government agenda to reform the rental market through the Renters’ (Reform) Bill, which is currently going through Parliament.
The Bill will end the practice of ‘no-fault’ evictions, giving renters more security and confidence to challenge poor landlords without fear of losing their home.
For more information about the scheme and how to access it, visit the dedicated webpage.
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Bernard Mealing
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Sign Up18:42 PM, 1st August 2023, About A year ago
TIME TO SAY GOODBYE.
GlanACC
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Sign Up21:42 PM, 1st August 2023, About A year ago
Reply to the comment left by Reluctant Landlord at 01/08/2023 - 18:19
If they become 18 and are 'in danger' of losing their home, they can contest it - doesn't mean they will win (and likely won't) but it does mean it could slow down the eviction process (which is what most tenants in rent arrears want). If you are letting a property to new tenants and they have 'children' living there who will be over 18 then you really need to have then on the tenancy agreement and credit check them as well.
Miserable Old Git
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Sign Up22:53 PM, 1st August 2023, About A year ago
All this coupled with the prospect of a Labour government next year, the fact that the 'property owneship is theft' gang gaining more power, leaves a Landlord little hope other than to get out before its too late.
Reluctant Landlord
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Sign Up9:12 AM, 2nd August 2023, About A year ago
Reply to the comment left by GlanACC at 01/08/2023 - 21:42
got a tenant family moving in with a son who's 17 at the mo. The kids will be named as PO on the tenancy only. As this will be the status at the time of the start of the tenancy, I will not have to do credit check on him if he continues to live here as his parents will be classed as the tenants and fully responsible for any PO's as a result surely? As PO he has no tenancy rights as a tenant in his own right so not sure how he can even contest notice in the first place, never mind hold a claim up on this basis???
GlanACC
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Sign Up9:22 AM, 2nd August 2023, About A year ago
I copied this from legal advice given -
Although a permitted occupier is not a tenant, they must still show they have the Right to Rent if they are over the age of 18.
As is the case with a tenant, landlords must check that any permitted occupiers have the Right to Rent before the start of the tenancy. This involves checking the resident's proof of ID (a passport, identity card, visa, permanent residence card), making copies of the documents and recording the date of the check.
If a tenant gives notice, moves out and a permitted occupier refuses to leave, the tenant is still liable for rent as they have not left the property in vacant possession.
It’s also important for landlord’s remember that they must not demand any rent from the permitted occupier, even if the tenancy has ended and they are refusing to leave (effectively squatting). Demanding and accepting a form of rent from the them may be argued as granting them tenancy and could be perceived by law as giving them the rights of a tenant. - So you will need to start the court process to evict them.
Paul Power
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Sign Up13:34 PM, 2nd August 2023, About A year ago
This is just wrong. The point of access to Law is equality of arms (allegedly). Any free representation offered should be means tested and open to all sides of the dispute. This kind of strategy works like PI litigation, pay out as its too expensive to fight unless you have sufficient legal cover or large cash reserves.
Andrew Mcgaulley
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Sign Up17:38 PM, 4th August 2023, About A year ago
I think enough is enough, this so called Conservative government are nothing but green socialists in disguise, you cannot believe a word Sunak or any other MP's says. So I think landlords should rise up to say we have had enough of this vilifing of PRS landlords. Let's all agree on a date and all serve the tenants S21 notice to evict them. It's the only way I can think of to try to bring some sense back to the table. It will be a mammoth task to organise but it will make the powers that be sit up and take notice.
Stella
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Sign Up18:18 PM, 4th August 2023, About A year ago
Reply to the comment left by Andrew Mcgaulley at 04/08/2023 - 17:38
It will end up just like it was pre 1988 rent act where we will pay for everything and have no control of anything.
I recently contacted a london Council regarding their Landlords Rental Charter.
Under Landlords and agents committments there is a long list but one committment in particular caught my eye and it was right at the bottom of the list where it said that "the landlord must provide security of tenure"
I said that perhaps they should reflect on the wording and unless I could use a section 21 then I would not be interested in applying for an additional licence.
GlanACC
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Sign Up18:55 PM, 4th August 2023, About A year ago
All that you need to do is make sure the tenant going in is creditworthy. Anyone on benefits, anyone who has to top up, anyone who needs a guarantor just refuse them. As there are now 20 applications for each property you can easily justify rejecting the rabble.
LaLo
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Sign Up7:53 AM, 5th August 2023, About A year ago
Get Real’ This is a ‘win - win’ for the government. Being homeless = not having to pay out housing benefits. Landlords selling up = nice juicy capital gains tax = government rubbing their hands together = mass homelessness . Does the government care? Errrr