Callaghan: How can tenants enforce rights without solicitors?
Posted by Tom Callaghan, director of partnerships at Legal Futures Associate Sentry Funding
A new bill introduced into Parliament last month will “rebalance the relationship between tenant and landlord” and give greater security for 11 million renters, the government has promised.
Perhaps the most significant measure in the new Renters’ Rights Bill is to ban section 21 ‘no-fault’ evictions for new and existing tenancies – something the previous government promised as long ago as 2019, but never achieved.
Other important changes in the bill include extending ‘Awaab’s Law’ on repair timescales for social landlords into the private rented sector; and ending landlords’ ability to impose blanket bans on tenants who are on benefits or with children.
Announcing the new law, Deputy Prime Minister Angela Rayner said: “Renters have been let down for too long and too many are stuck in disgraceful conditions, powerless to act because of the threat of a retaliatory eviction hanging over them.
“Most landlords act in a responsible way, but a small number of unscrupulous ones are tarnishing the reputation of the whole sector by making the most of the housing crisis and forcing tenants into bidding wars.
“There can be no more dither and delay. We must overhaul renting and rebalance the relationship between tenant and landlord. This bill will do just that and tenants can be reassured this government will protect them.”
Encouraging as these words might be for tenants, however, the fact remains that legal rights only have value if they can be enforced.
So, while the provisions in this new bill may be a positive step for tenants, a separate development is very concerning: the number of areas with no housing legal aid providers has now doubled, to 20 procurement areas.
How, then, will tenants access the legal advice and support they need when fighting an unfair eviction, or battling to assert their rights where a rogue landlord fails to deal with damp, mould and disrepair?
In some cases, litigation funders such as those on the Sentry panel, through our exclusive Rapid Raise funding product, may be able to assist. But clearly, there is also an urgent need for proper investment in civil legal aid.
As the Law Society president Richard Atkinson put it: “Research by the Law Society shows that 43.6% of England and Wales do not have a housing legal aid provider in their local authority area, a figure that has grown by around 6.6% since 2019. These recent figures show further reductions and less access to urgently needed advice.
“We know that many housing legal aid providers are making the difficult decision to exit the market, as they have been pushed to work grossly excessive working hours to support their clients and are unable to run a viable business…
“The prime minister and his government have a chance to right the wrongs of the previous administration by properly funding civil legal aid. But time is running out as suppliers continue to leave the market in droves. They must act now – delay is not an option.”
Leave a Comment