Sara Stephens and the legal aid working group have prepared a guide for HLPA members on legal aid for housing matters from 1 April 2013, covering scope, guidance and procedure.
The Guide can be found on the new ‘guides’ page in the members area.
The password for HLPA members to access the members area of the website will be changing on 20 April 2013.
The new password will be emailed to all 2013 members very shortly. Please ensure that the HLPA administrator has email addresses for all people in your organisation included in your membership.
After a long and sustained effort by HLPA, Shelter, ASA and LAPG, the MoJ has now concluded its review into appropriate hourly rates to pay to surveyors in disrepair cases. As you know, the current rate is £50 per hour.
A review of available data, including data supplied by HLPA, showed that the average hourly rate in London is £125 per hour and out of London is £95 per hour. As all experts’ rates (alongside solicitor and counsel’s rates) were to be codified and reduced by 10%, the new guideline hourly rates for surveyors in housing disrepair cases are:
Outside London – up to £85 per hour
In London – up to £115 per hour
The MoJ have advised that it is unlikely that these rates will be codified in a statutory order before April 2013. Therefore, we will need to make applications for prior authority to instruct surveyor’s at these rates.
The MoJ/LSC are going to issue guidance to caseworkers at the LSC so that they are aware of these new guideline rates. They aim to issue this guidance by 1st October 2012.
The MoJ/LSC are also going to advise us as to how best to make the applications for prior authority and whether this can be included as a standard paragraph in APP1s. Again, they should provide this advice by 1st October.
If you wish to instruct someone for more than these hourly rates you will need to justify this in an application for prior authority as before.
We will update members when the guidance or any further information becomes available.
The DCLG has published the new Allocations Code of Guidance for Local Authorities.
The Code of Guidance can be found here [pdf]
The member password for the site has been updated. The new password was circulated to members signed up for 2012 by email on 21 May 2012.
If you have not received the email and are registered for 2012, please contact Chandra_Rao@shelter.org.uk
The 2012 Legal Aid Lawyer of the Year nominations are open.
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 closing date is 27 April 2012
The Legal Aid, Sentencing and Punishment of Offenders Bill enters report stage in the House of Lords from 5 March. Any further amendments to the bill in the Lords must happen at this stage. It is likely that the social welfare provisions, including housing, will be debated from Monday 5 March onwards.
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.
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):
Please send the Shelter briefing document with any communication with peers.
As of April 2012, all Civil and Family Courts will be changing the opening times of the court desks. They will be open only between 11 am and 1 pm.
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 period for a 10% discount for renewing membership for 2012 has been extended to 29 February 2012. New members or those who are returning to HLPA and were not members in 2011 receive a further 10% discount, 20% overall, if joining before 29 February 2012.
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.
For the full news archive see here.
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A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship)  EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a third country national, who was the primary carer of an EU national, if a refusal to would result in the EU national being forced to leave the EU..More excitingly, this applied to EU nationals who had not left their member state, i.e. it would apply to the parents of British nationals.
This, everyone … Read the full post
Spencer v Taylor  EWCA Civ 1600
This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.
[Update 11/12/13 - Judgment now on Bailii ]
/> S granted an Assured Shorthold Tenancy under the terms of the Housing Act 1988 to T on 6 February 2006, a Monday. It was for a fixed terms of 6 months with rent payable weekly. Thus the first day of each period was a Monday and the last day … Read the full post
It is that time of year again. The HLPA housing law conference 2013 is on Tuesday, 10 December. A decent sprinkling of NL people will be there.
It promises to be a very good day, details are below. There are a few places left, or at least there were on Friday, so if you haven’t signed up, why not? And there are 6 hours CPD for solicitors and barristers.
/> 10 December 2013
Royal College of Surgeons, London
For full details of the programme and booking, see here.
2013 will be a year that housing lawyers do not forget for a long time. With our profession, our funding and our clients’ rights … Read the full post
There was a short (and not particularly well-informed) debate in Westminster Hall yesterday about leasehold property management. Quite amusingly, Nick Boles MP (Under-Secretary of State at CLG) had this to say about the Right to Manage:
Nick Boles:… I want briefly to address the right-to-manage legislation. I must admit that this is the first time I have ever heard about it, so I may not make as much sense as hon. Members deserve. The leasehold right-to-manage legislation is designed to be available to as many private sector leaseholders living in blocks of flats as possible. The right was designed for use on a block-by-block basis. Applying the legislation to
In R(Alansi) v Newham LBC, Stuart-Smith J held that, although Ms Alansi had a legitimate expectation that she would remain a priority homeseeker on Newham’s housing register, Newham had not acted unreasonably and in abuse of its power by withdrawing its representation. It is a case which demonstrates (again) just how hard it is to shoehorn a genuine grievance into a successful JR challenge, doubly so in the context of a local authority allocation scheme.
Ms Alansi had decided to accept an offer of PRS accommodation made by Newham under s 193, Housing Act 1996, in circumstances in which Newham had clearly and unambiguously (as Stuart-Smith J found) represented … Read the full post
R (on the application of MK) v Barking and Dagenham London Borough Council  EWHC 3486 (Admin) [Judgment on Lexis, not on Bailii yet]
A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.
MK was from Nigeria. She was in the UK illegally. A current application for leave to remain had been refused and was under appeal to the First Tier Tribunal. (If MK left the UK, this appeal would fall.) MK’s age was unclear. Barking had assessed her date of … Read the full post