Housing law scheme to prevent eviction

The Ministry of Justice (MoJ) has set up a scheme to provide free legal advice to families facing eviction or repossession

Under the Housing Loss Prevention Advice Service (HLPAS), launched last week, advice will be available from the moment a written notice is received by a tenant or homeowner. The advice might cover, for example, illegal eviction, disrepair and housing conditions, rent or mortgage arrears, benefits payments and debt. Free legal representation will be provided if the matter goes to court, regardless of the individual’s financial circumstances.

The MoJ said an extra £10m funding would be provided with the aim of helping 38,000 people a year.

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.’

Legal aid was withdrawn a decade ago from housing issues, except homelessness, by LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act 2012).

Law Society President Lubna Shuja said: ‘In principle we support the HLPAS.

‘It is also a welcome recognition of the value of early advice and the need to address a client’s problems holistically. We cannot underestimate the value of early legal advice as it can help address problems before they escalate, preventing cases from going to court unnecessarily.

‘However, we have continuing concerns as to whether the system will be effective, and about the increasing legal aid advice deserts caused by long-term underfunding of the system. The scheme is provided by solicitors and therefore contingent on the number of solicitors able to do the work. With rising legal aid advice deserts, there are fewer and fewer legal aid practitioners able to give legal advice.

‘Those facing eviction will not be able to access vital legal advice if there is no legal advice provider in their area.’