Page 122 - Solving Housing Disputes

14. Long term, the HDS should be funded in full by subscription from housing
providers [2.81].

Current processes

Legal advice and representation

15. The Ministry of Justice (“MOJ”) Legal Action Plan urgently address the need
for sustainable funding for the legal aid and advice sector. Specific attention
should be directed as to how to respond to legal aid “housing deserts” and the
need to provide funding for advice that addresses “clustered” legal problems
[3.09].

16. The Ministry of Justice (MOJ) should consider piloting and evaluating co-
location of legal advice in a hospital setting. Any pilot should address multiple
legal problems and not be limited to single issue advice. Testing of co-located
health/justice pilot schemes should assess qualitative justice and health
outcomes [3.11].

17. Mortgage possession matters should sit in both “debt” and “housing” legal
aid categories so that respondents facing repossession can access early legal
advice as well as representation [3.12].

18. The MOJ should consult on whether a publicly funded party should have the
right to make a freestanding application for costs where the dispute has settled
in their favour, in accordance with the Jackson Report recommendation
[3.13].

19. The MOJ should consider introducing Qualified One-Way Costs Shifting for
housing disrepair claims [3.18].

Accessing the court
20. If the online possession project features a continuous online resolution
process, users must have access to a virtual housing duty solicitor [3.21].

21. In the absence of a permanent court and tribunal presence, HMCTS should
operate peripatetic or pop-up courts and tribunals to enable the resolution of

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