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15 August 2014 / Dr Lisa Whitehouse , Susan Bright
Issue: 7619 / Categories: Features , Property
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The key to change

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Susan Bright & Lisa Whitehouse report on attempts to improve the eviction process

Following our report on the housing possession process which raised questions concerning whether there is effective access to justice (see “Losing a home”, NLJ , 20 June 2014, p 16), we held a seminar to discuss the issues raised. Key actors involved in the possession process—judges, housing advisers, claimant representatives, policy makers, court administrators—imagined how the process might be improved.

There were two key themes that emerged. The first focused around the low levels of defendant participation in possession cases: notwithstanding the fact that the home is under threat, many defendants do not receive legal advice and do not actively participate in the court process. This matters not only because of the importance of participation to procedural justice, but also because of its impact on outcome. Research suggests that there is a relationship between attendance and more favourable decisions to the defendant. The second area of interest was on eviction by private landlords. This is highly topical

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