0:04 AM, 2nd December 2024, About 3 weeks ago 19
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Tenants will receive increased funding for legal aid for the first time in nearly 30 years.
The Ministry of Justice has announced a consultation on a £20 million investment in the legal aid sector, which the government claims will help tenants facing unfair eviction or the threat of homelessness access legal advice.
The Law Society welcomes the proposals but says more needs to be done to invest in the justice system.
The boost to legal aid funding will cover civil legal aid fees for immigration and housing cases and help tackle the court backlog.
Subject to consultation, the government plans to invest an additional £20 million into the legal aid sector every year. Once fully implemented, the government claims this will ensure vulnerable people facing unfair housing legal battles or at risk of losing their home have access to legal advice.
The government will consult on increasing legal aid fees for those working in the housing (housing and debt) and immigration (immigration and asylum) sectors, aiming to increase fees to a rate in the region of £65/£69 per hour (non-London/London), or provide a 10% uplift, whichever is higher.
Lord Chancellor and Secretary of State for Justice Shabana Mahmood said: “Civil legal aid plays a crucial role in our justice system, providing legal support for vulnerable people thereby helping to ensure access to justice.
“This government is determined to improve the civil legal aid sector which was left neglected for years. This is an important step as we rebuild our justice system, ensuring it is fit for purpose for the society it serves and those who serve within it.”
The news comes after 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 Law society says that these statistics indicate that nearly 25,000 people could face eviction.
President of the Law Society, Richard Atkinson, welcomed the proposals but says the government must do more to invest in the court system.
He said: “The investment in housing legal aid, and the further investment we hope to see in the near future, is vital to enable often the most vulnerable in society to have the advice that they need to access justice, which is fundamental to the collective good of society.
“Underfunding our justice system denies us a vital public service. The government must now continue acting for the common good and invest across all areas of civil legal aid.
“This will ensure representation for families fighting eviction, tackling housing disrepair or a survivor of abuse seeking protection from a violent partner.”
“The ministry needs to restart the review of civil legal aid and provide a timetable for further investment, as well as steps to reduce the cost of delivering legal aid services, setting out a clear vision for putting this public service on a sustainable footing.”
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Raz
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Sign Up11:24 AM, 2nd December 2024, About 3 weeks ago
How many council/affordable homes could be built with £20 million?
No matter how much money you throw at the system, in the long term that eviction is still inevitable.
TheMaluka
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Sign Up11:33 AM, 2nd December 2024, About 3 weeks ago
Reply to the comment left by Raz at 02/12/2024 - 11:24
£20 million is a drop in the Ocean. My solicitor charges £350 per hour; what solicitor worth his salt is going to work for £65 per hour?
Blodwyn
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Sign Up12:24 PM, 2nd December 2024, About 3 weeks ago
£65 is not even a trainee's charged hourly rate?
Everything this government touches turns to dross - and you thought the last lod were bad!
LaLo
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Sign Up12:33 PM, 2nd December 2024, About 3 weeks ago
This is only the start - mark my words. One thing is for sure, it won’t get any better!
Blodwyn
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Sign Up12:44 PM, 2nd December 2024, About 3 weeks ago
The Government ought to do three immediate things
1. fund the courts, justice and prison system properly, cut delays and you may have less prison returnees apart from anything else?
2. Sort out who deserves Legal Aid. It cannot be infinite so needs logical not PC led priorities.
3. Cut the menacing balloon of endless and increasingly mindless legislation and regulations.
GlanACC
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Sign Up13:02 PM, 2nd December 2024, About 3 weeks ago
I don't think it will make a lot of difference. I guess most evictions are due to non payment of rent. This will still be a mandatory ground on an S8 (provided you have filled in the correct forms, and given the tenant gas, eicr etc) .. and as it is (or will be) 3 months arrears that will be more of an open and shut case.
Reluctant Landlord
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Sign Up14:18 PM, 2nd December 2024, About 3 weeks ago
I wont be housing any tenants that will be eligible to apply or receive it....simple
Reluctant Landlord
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Sign Up14:21 PM, 2nd December 2024, About 3 weeks ago
Reply to the comment left by GlanACC at 02/12/2024 - 13:02
the point is S8 allows for a defence and the tenant seeks out an ambulance chasing Legal Aid funded solicitor who wants to simply stretch the eviction out (irrespective of if there is a valid disrepair claim or not) then they can and the LL is powerless to do anything about it....
TheMaluka
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Sign Up16:10 PM, 2nd December 2024, About 3 weeks ago
Reply to the comment left by Reluctant Landlord at 02/12/2024 - 14:21
I have just suffered such a case. Eventually a faultless disrepair report clinched the case, but nevertheless it cost me £12 k to eventually evict the tenant who was protected from costs because she was claiming legal aid. I do not care what the law says, I will now always find an excuse not to take a benefit tenant, although all are welcome to apply.
Trapped Landlord
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Sign Up16:29 PM, 2nd December 2024, About 3 weeks ago
Reply to the comment left by Reluctant Landlord at 02/12/2024 - 14:21
I have only ever evicted tenants with 21s for grounds that are covered in s8 anyhow. Agreed though, s8 can be dragged out and more often than not its the duty solicitor your fighting rather than the tenant. The only other issues i see with abolishing s21 are firstly, you are lumbered with a tenant that who abides by the tenancy agreement but sets out to cause you as much trouble as possible over issues such as disrepair ( vandalism or even make belief ) or secondly , you have a property let to a long term tenant that you could describe as ' not your usual btl property ie large 4 - 5 bed detached house maybe not originally purchased with the intention of a renting out which financially may be better sold off and re invested in a much higher yielding asset.