Possession proceedings
Facing the threat of losing your home via possession proceedings, either from a landlord or your mortgage lender, is a difficult and stressful matter. The government has launched the Housing Loss Prevention Advice Service (HLPAS). Government-funded legal advice and representation (Legal Aid) is available to anyone facing possession proceedings. Help is available from the moment a person receives written notice that someone is seeking the possession of their home. A housing expert (funded by the government) will work with the person to identify what may be causing someone to seek possession of the home and recommend potential solutions. For example, they may be able to provide legal advice on matters such as:
- illegal eviction
- disrepair and other problems with housing conditions
- rent arrears
- mortgage arrears
- welfare benefits payments
- debt.
In the event that it is not possible to resolve matters and the person is asked to attend a court hearing, a housing adviser can also provide free legal advice and representation at the court.
Whilst the government-funded mediation scheme is welcome, it is fair to point out that the types of work that public funding is available for legal advice has been restricted in recent years. It may be the case that Legal Aid is not available for the actual possession proceedings (as opposed to the mediation mentioned above) which might deter someone facing possession from seeking legal advice. Given the complexity of court proceedings and the stress of losing their home, someone facing such proceedings should consider finding out whether there is legal advice available to help them.
To discuss this or any other litigation matter, contact us.