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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GlanACC
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Sign Up16:45 PM, 2nd December 2024, About 3 weeks ago
Reply to the comment left by Reluctant Landlord at 02/12/2024 - 14:21
I agree that S8 can (and will) be fought) .. I tried to evict a tenant who played the 'mental health' game. She had the duty solicitor sit by her in the hearing, who then asked for more time to 'represent' her. You can't just say you have mental health problems, it needs to be proved and the tenant (if suffering) with mental health should have had medical proof and at least a case worker.
I put this to the judge, and said it was the responsibility of the case worker to make sure the rent was paid. I suggested she had 'discovered' she only had mental health issues, maybee as suggested by the soilicitor.
The judge was not happy about my suggestion and delayed the decision by 3 weeks so the proof could be obtained.
Anyway the duty solicitor carted her away to some other solicitor but legal aid was refused as she was over the limit and basically frittered the rent money away on whatever.
So 3 weeks later .. I got the house back.
However, I must say it is now probably worth engaging an eviction specialist as you never know what will crop up on the day of the hearing.
Downsize Government
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Sign Up16:53 PM, 2nd December 2024, About 3 weeks ago
Probably cheaper for the government to fund legal aid than pay for housing.
But perversion of justice for landlords having to pay taxes to support people willfully trying to rip them off.
NewYorkie
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Sign Up17:14 PM, 2nd December 2024, About 3 weeks ago
This is not about housing legal aid, it's more money for immigration cases.
Ron
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Sign Up23:34 PM, 2nd December 2024, About 3 weeks ago
Reply to the comment left by TheMaluka at 02/12/2024 - 11:33
Not many that's why large parts of the country have no provision. This is the same service that would help you if you ran into mortgage difficulties.
Ron
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Sign Up23:39 PM, 2nd December 2024, About 3 weeks ago
Reply to the comment left by GlanACC at 02/12/2024 - 16:45
Perhaps not use ground 8? Go for s21 while you can.
Also if there are capacity issues then the court will need to allow time for the defendant to investigate it and evidence it further.
One thing landlords can do is email courts requesting interpreters if their tenants have any sort of language issues. This will avoid adjournments due to language problems.
TheMaluka
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Sign Up9:43 AM, 3rd December 2024, About 3 weeks ago
Reply to the comment left by Ron at 02/12/2024 - 23:34
In the dim distant past when I had a mortgage I had a large financial investment in my property, so I moved heaven and earth to make sure I did not fall into arrears. Tenants have no such financial investment, so are far more likely to ignore their financial obligations and thus more likely to require legal help than owners.
NewYorkie
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Sign Up12:16 PM, 3rd December 2024, About 3 weeks ago
Reply to the comment left by Ron at 02/12/2024 - 23:39
Do not let to a tenant who doesn't speak English. Clearly, they will not be able to fully understand the terms of an AST, and will not have a job due to not speaking English.
DPT
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Sign Up15:47 PM, 3rd December 2024, About 3 weeks ago
The reality will be that far from targeting rogue landlords and unfair evictions, the lawyers will be blocking the eviction of non-payers and ASBO tenants due to a landlord admin error such as not having their address on the gas cert or being a day late serving the deposit prescribed information.
Tony Phillips
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Sign Up23:11 PM, 8th December 2024, About 2 weeks ago
Next time I have to evict a rouge tenant...I will NOT be waiting 18 months and spending thousands...while 'they' royally take the p***!