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Evictions set to take longer and cost more from today

The new Housing Loss Prevention Advice Service kicks in today - it offers early legal advice, free of charge, to anyone at risk of possession proceedings and loss of their home.

Advice can be provided in relation to Housing, Debt and Welfare Benefits issues, and this assistance includes so-called ’In Court Duty’ on-the-day emergency advice and advocacy to anyone facing possession proceedings.

Under the new scheme, the Legal Aid Agency is extending court duty scheme work to include early legal advice on housing, welfare benefits and debt from the moment a landlord or lender issues a notice to repossess. This is non-means and non-merits tested.


A government statement says: “The service enables anyone at risk of losing their home or facing possession proceedings to get free legal advice, and representation in court, regardless of their financial circumstances.”

Private and social housing tenants, owner occupiers, leaseholders and those with shared ownership, immaterial of the reasons why they are facing losing their home, can access the service, providing they have written evidence of a risk of possession proceedings or loss of their home.

Examples of written evidence include a letter or notice from a landlord where an informal licence exists; notice to quit from a landlord where a renting arrangement lacks the security of tenure; letter before action as required by the Pre-Action Protocol For Possession Claims based on Home Purchase Plan Arrears in Respect of Residential Property; notice seeking possession served by a landlord; and a letter from the court notifying the Client that possession proceedings have been issued.

A list of providers who can deliver Housing Loss Prevention Advice Services from tomorrow can be found on the Gov.Uk site.

The Housing Loss Prevention Advice Service replaces the Housing Possession Court Duty Service which only offered ‘on the day’ emergency advice and advocacy.

The fear amongst some landlord and property professional bodies is that the risk of potentially losing expensive and long-winded court cases may deter landlords from seeking repossession.

You can find out more about the Housing Loss Prevention Advice Service here.

  • Barry X

    Ah, good.... so even though s.21 is already to be abolished anyway because, after all, nobody should have to "fear" being made "homeless" through the "loophole" of a "no fault eviction" (where in theory it's ultimately still mandatory so its slightly harder for a tenant to drag it out for many months causing the landlord sheer hell & huge financial loses)...

    ... now we must make the only remaining vestige of hope for landlords, i.e. the s.8 even more unwieldy, risky, expensive and easier to evade than it already is.... just in case some delusional landlord still believes s/he could ever regain possession and control of a property foolishly let to someone.


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    No mention of “free legal advice and representation in court, regardless of their financial circumstances “ for the landlord? All part of Gove’s levelling up plan?

  • Kristjan Byfield

    Drawing out the legitimate eviction of tenants (which most are) actually deepens their problems accruing more debt and also keeps those homes from legitimate and compliant tenants. Claiming that £10m of funding will 'help tens of thousands' (out of 38k) from losing their homes is bordering on fraud. Instead, invest in the courts to ensure hearings and results happen faster to the benefit of all.

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    Disgusting! Unbelievable!!! Twilight zone!!!! So my Government will fund scumbags with the tax I've paid so they can fight me and keep my property????Am I in a nightmare????
    No one will ever deprive my children of their inheritance....I'll shoot my tenants first and go to prison. And so would most parents who have worked and slaved to build something modest for their children to inherit! Bring it on scumbags, maybe if someone actually did this things might change.....You probably won't post this because it's violent ....but I will do whatever it takes to make sure my children don't loose out!!!! I've got 2 left to section 21 and sell....The Government had better hope all goes well for me or I will do what I need to do to get my property back!!!!! Whatever that may be....I'm so angry I'm past caring

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    When tenants sign a contract they know what they are signing why do the require legal advice after, they should get it before

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    S 21 is not working the tenant comes out with some BS it goes from the low court to the high court the judge looks at it to tried to find some minor mistake, if they cant find one they ask for some bit of paper already shown to the low court another Judge looks at it sends the whole case back to the low court for a hearing , luckily tenant left i presume to avoid court costs case was dismissed otherwise they would be still there and if i had lost it may have cost me 2K presumably to one of the so called charity's never letting again , i don't want a heart attack


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