Category: Housing Law

Notes on housing law as a Legal Aid practitioner

Guide to Legal Aid Eligibility Assessments

Legal Aid Eligibility Assessment Daniel Bacon IMPORTANT: There have been significant changes to the rules on the Mortgage Disregard which I have not yet incorporated below. Caveat emptor. There are two levels of Legal Aid: “Controlled Work” is legal help or help at court. Eligibility for Controlled Work is assessed by the provider;“Licensed Work” / … Continue reading Guide to Legal Aid Eligibility Assessments →

The Disposable Income Test: Legal Aid eligibility and the payment of rent

In assessing financial eligibility for Legal Aid, three tests must be passed. Firstly, the client must not have capital holdings greater than £8,000 in value. Secondly, the client must not have a gross income exceeding £2,657 per calendar month. Thirdly, the client must not have disposable income exceeding £733 per calendar month. These tests have … Continue reading The Disposable Income Test: Legal Aid eligibility and the payment of rent →

It’s a thin line between housing suitability and legal homelessness in the scope of Legal Aid

Homelessness and Housing Suitability are closely related concepts. Of course, homelessness in the common parlance means just that - a person without a home - but legal homelessness also includes those who have a home but one it is unreasonable for them to continue to occupy. Section 175(3) of the Housing Act 1996 states that … Continue reading It’s a thin line between housing suitability and legal homelessness in the scope of Legal Aid →

A Cautionary Note to Legal Aid Practitioners under a Housing Contract: Possession Cases

For a matter to be within scope for Legal Aid, provision for it must be made under Schedule 1 of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (http://www.legislation.gov.uk/ukpga/2012/10/schedule/1). In respect of housing, and specifically in respect of the loss of home criteria, Paragraph 33(1) lays down as in scope: … Continue reading A Cautionary Note to Legal Aid Practitioners under a Housing Contract: Possession Cases →

Domestic Abuse, Loss of Home, and the Standard Civil Contract

This post isn’t going to attempt to discuss all facets of this subject, but only one very specific issue. I hope to write further posts about some of the other facets that are legally engaging, but I shall leave that for another evening. I have been running a case recently that has led me to … Continue reading Domestic Abuse, Loss of Home, and the Standard Civil Contract →

The Homelessness Reduction Act 2017 (and LHA Rates)

I recently attended an evening talk at Doughty Street Chambers (https://www.doughtystreet.co.uk/) on the Homelessness Reduction Act 2017. It was a very useful talk given by some very experienced barristers. The Doughty Street team began by explaining that the purpose of the Homelessness Reduction Act was, in part at least, to save the Government money. It … Continue reading The Homelessness Reduction Act 2017 (and LHA Rates) →