Possession Claims Old and New

Speakers:

Tim Powell: Powell Forster Solicitors

Tracey Bloom: Doughty Street Chambers

From 7 pm at Portland Hall, University of Westminster, 4 Little Titchfield Street, London W1W 7UW

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In this difficult time for legal aid, what better than to celebrate the passion and commitment of those working in legal aid practice? Do you know someone or a practice whose work should be recognised in the LALYs? Then nominate them!

The nomination form is here and more details are here.

The closing date is 27 April 2012

Message to HLPA members from David Watkinson (for Law Reform Sub-Group)

Final Reminder

Please Note the closing date for responses to the above

Responses to go to housingreform@communities.gsi.gov.uk

If you would like to contribute to HLPA’s response please send to David Watkinson by AM Wednesday 28/3/2012 to davidw@gclaw.co.uk

This will be the only Allocation Code once finalised as it will replace all previous Guidance

The scope of the Draft Code is wide so there is no substitute for reading it as a whole.

The consultation document can be dowmloaded here.

Some Topics:-

(1) The Draft Code assumes that ss 145-147 Localism Act 2011 amending Part 6 Housing Act 1996 is in force. Those greatly increase LHAs discretion as to allocation

(2) Existing secure/introductory tenants and assured tenants of RPRs or RSLs are taken out of Part 6 except those to be given ”reasonable preference “- under what is s 167 and will become s 166A. Apart from those the draft Code (para 1.9) gives very little guidance as to allocation (apart from assisting mobility and encouraging under occupiers to move (1.10))

(3) Local Housing Authorities (and the Secretary of State) will have power to decide the classes of persons who are or are not “qualifying persons” to whom LHAs may allocate (in addition the ineligibility of “persons from abroad” remains). There is little guidance as to the contents of those classes but may well include those “guilty of serious unacceptable behaviour” (para 2.5) and financial resources and local connection (para 4.20)

(4) Except that former members of the Armed Forces are not to be disqualified on residential grounds for 5 years after discharge ( para 3.23)

(5) For determining priority on grounds of overcrowding the SoS recommends the bedroom standard instead of the Housing Act 1985 definition (para 4.11)

There are 15 questions in total, 8 of which are directed to LHAs (but you can give a view on them as well)

The AGM will start at 6.30 pm. The speakers will begin at 7 pm.

Speakers:

Zia Nabi: 1 Pump Court Chambers
Ian Wise: Doughty Street Chambers

From 6.30 pm on 21 March 2012 at Portland Hall, University of Westminster, 4 Little Titchfield Street, London W1W 7UW

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There is one single housing related amendment tabled, although there are others addressing social welfare more broadly. The amendment is at 75-77 of the marshalled list of amendments. The proposed amendment was drafted by Shelter and supported by HLPA, as well as Citizens Advice, Justice for All, the Law Society, the Law Centres Federation, Young Legal Aid Lawyers, the Legal Aid Practitioners Group, the Housing Law Practitioners Association, the Bar Council, the Advice Services Alliance and the Salvation Army.

As drafted, LASPO would mean that benefits work would be out of scope even when involved in defending possession proceedings, thus making a successful resolution of many rent arrears or mortgage possession cases virtually impossible.

This amendment would ensure that, where the loss of the home is threatened due to nonpayment of the rent or mortgage, advice and casework can be provided to address an underlying benefits problem causing or contributing to the arrears.

The full proposed amendment and briefing can be downloaded here.

If you are signed up to the Justice for All “pair up with a peer” scheme please write to them now to ask them to support the HB (and other) amendments. If you’re not with the scheme please contact Lib Dem or cross bench peers to explain why this amendment is so important- you can find out a list of the peers and their parties via this link (select search options as party and group – then search for
lib dem or crossbenchers):

http://www.parliament.uk/mps-lords-and-offices/lords/

Please send the Shelter briefing document with any communication with peers.

According to HMCTS:

Court users attending the public counter with routine work that does not require a face to face service provision will be directed to a “drop box” or to the secure court postbox. Work that is considered will fall into this category include:

• -Making a payment
• -Case specific enquiries
• -General enquiries
• -Lodging documents
• -Issuing money claims or other civil applications
• -Issuing divorce proceedings
• -Issuing public or private law proceedings
• -Issuing enforcement proceedings
• -Collecting forms / orders

HMCTS further state that

These arrangements will not affect the courts’ ability to deal throughout the working day with any matters which should be dealt with immediately e.g. injunction applications. We would encourage you to continue to contact the court via e-mail or fax to alert us to any urgent matters so that we can then make the appropriate arrangements.

Urgent applications are defined as an application or document which needs to be issued or seen by a member of the judiciary within 24 hours

It is not clear yet what the arrangments for urgent matters will be. We understand that courts are considering this on an individual basis.

HLPA is concerned by this move, which seems likely to have a particular impact on vulnerable tenants seeking to make urgent applications in person, for stay of eviction or for an injunction in unlawful eviction cases. HLPA members are urged to respond to any local consultations (for the London Region see below) and to seek clarification on arrangments for urgent matters from Court User groups.

As a further detail, Willesden County Court is dealing with urgent matters on an appointment only basis, so we are told people should phone or email for an appointment time, assuming that there are any available.

There is a consultation form for Court users in the London region. The letter and form can be downloaded here [doc]. The consultation ends 2 March 2012, so an urgent reponse needed.

The members password for the website will be changing at the end of February and the new password will be emailed to 2012 members shortly beforehand.

In what is going to be a challenging year, HLPA is working hard to provide members with information, support and training, and also to make HLPA’s voice heard in policy and funding decisions. We hope you can join us.

Housing Law update

Speakers’ papers:

David Smith. Anthony Gold Solicitors

David Watkinson. Garden Court Chambers

The seminars take place in central London venues between 6 pm and 8 pm. Booking forms and further details will be circulated to members in advance of each seminar and will be available on the website. The following dates are subject to final confirmation.

29 Feb 2012:
Advocacy Training. Doughty Street Chambers

18 April 2012:
How to Defend Subletting Cases to Prevent A Possession Order – and a Criminal Record?

13 June 2012:
Homeless Cases – Has the Duty Been Discharged?

12 September 2012:
Tips and Tricks for dealing with the Housing Possession Duty Desk

19 October 2012:
How to Quantify Damages in Disrepair Cases

5 December 2012:
To set aside or the Appeal: That is the Question? – what to do when your client seeks advice after the order for possession has already been made.