WIREDGOV

The numbers of people facing housing repossession is surging but they could keep their homes if they get legal help without delay the Legal Services Commission (LSC) insisted recently.

The numbers of mortgage repossessions has tripled over the last three years from 8,200 in 2004 to 27,100 in 2007, according to figures released by the Council of Mortgage Lenders today.

But people in danger of eviction or having property repossessed can get free advice through a LSC scheme paid for by legal aid. The ‘Housing Possession Court Duty Scheme’ can be a source of free last minute help for people at hearings in possession proceedings. For people who have not sought legal advice prior to hearings, this scheme offers access to a duty solicitor or adviser at the court on the day. The adviser represents the defendant through the hearing itself and follows up any resulting action.

Since the scheme first ran in 2005, take-up has grown. In 2005-06 around 12,000 cases were undertaken but by 2006-07 that more than doubled to around 30,000 cases.

Demand for housing advice is up across all the legal aid schemes. Case numbers increased by more than 55 percent over the last three years, up to 135,000 in 2006/07. Debt is often linked to housing problems and debt cases are also rising. Last year the LSC helped people with a 120,000 debt cases, more than twice the figure three years ago.

Crispin Passmore, Director of the Community Legal Services for the Legal Services Commission said:

“The current financial environment is driving up homes repossessions and putting many people facing repossession proceedings into a state of panic. Our court-based government funded scheme helps save people’s homes but getting advice early is still the best advice. Facing homelessness can have a devastating effect on people and their families, yet so many people still arrive at court without the right legal help.”

“The Audit Commission estimates that it costs public services £2,000 each time someone loses their home. The cost of representing someone under this scheme averages at under £100. But the loss to individuals and families cannot be calculated so easily. Our Housing Duty Scheme is open to anyone when they are at court facing possession proceedings and means it’s not too late to get help even on the day of the case. People should arrive early to allow time to see an adviser. However, the most important message is that anybody with housing or money problems should get early advice from a qualified source.”

Legal aid housing duty schemes give last minute advice at hearings at around 100 courts across England and Wales. To check if the court hearing your case runs a scheme visit the Community Legal Advice website or call on 0845 345 4 345.

Using the same web address anyone can access free advice and information sheets on issues relating to housing, debt, employment and a range of other problems.

The best way to avoid the risk of losing a home is to get advice as soon as mortgage arrears start to accrue. Specialist advisors can help callers to the 0845 345 4 345 number, who are eligible for legal aid, to decide what action to take. An advisor can help determine whether callers are maximising their income and advise on any help with housing costs that a caller may qualify for. They can suggest practical solutions if the caller is unable to sustain the payments on the mortgage or help work out a repayment plan to clear arrears. A realistic ongoing payment plan can help prevent their home being repossessed. The helpline can also arrange representatives for hearings.

Case Study

19-year-old Elizabeth (not her real name) was facing homelessness just weeks before the birth of her first child. She had recently split up with her boyfriend and was struggling to make ends meet on her carer’s salary and fell into payment arrears on her housing bills.

Elizabeth said; “I was worried I wouldn’t have anywhere to live with the baby. I didn’t know what to do.” Elizabeth couldn’t afford a solicitor when she went to try to represent herself at a Gloucestershire Court but help was unexpectedly at hand. Her Housing Duty Scheme adviser had her case adjourned that day, setting a date for the hearing some months later and relieving the threat of immediate homelessness. Her case was eventually successful and in addition she was granted a housing benefit. Now she is secure in her home, Elizabeth says; “It’s all taken care of and I can look forward to bringing up my baby in my flat.”

Media information

Michaela Keating, Press Officer, 020 7759 0444

Notes to Eds.

1. Courts may not have schemes paid for by legal aid when a court does not usually hear housing cases or the court already has a similar scheme running.
2. The LSC is also investigating alternative ways of providing housing help in courts where the volumes of housing cases is too low to provide an on-site housing duty scheme.