What a fabulous idea, a new housing court where wealthy landlords can “arbitrate” with tenants who have no legal representation. You couldn’t make this stuff up.
The Law Gazette reports
Vulnerable people must not be excluded from accessing legal advice, the Law Society has stressed, after the government announced proposals for a new housing court that could leave solicitors out in the cold.
The government will consult with the judiciary on setting up a new housing court to streamline the current system, Sajid Javid, communities and local government secretary, told the Conservative party conference in Manchester yesterday. The government will ‘explore whether a new housing court could improve existing court processes, reduce dependence on legal representation and encourage arbitration, with benefits for both tenants and landlords’. Part of the aim will be to save time and money in dealing with disputes.
Chancery Lane said initiatives to streamline the current housing court system are always welcome, but warned that any new legislation for a specialist housing court needs to be carefully considered to ensure it improves access to justice.
Responding to the announcement, Joe Egan, Society president, said: ‘Solicitors can provide advice at an early stage of a housing complaint about the merits of the claim to prevent matters escalating. Professional legal advice also helps clients to understand and comply with procedural requirements, thereby speeding up legal processes and reducing costs for all parties. It is vital the most vulnerable in our society are not excluded from accessing legal advice.’
The Society is currently working with the government, HM Courts & Tribunals Service and the judiciary to ensure any new housing legislation protects tenants’ and landlords’ rights.
Solicitor Simon Marciniak, chair of the Housing Law Practitioners Association, said many of the principles behind the proposal replicate justification for the online court, which Lord Justice Briggs rejected as unsuitable for housing in a report last year.
