Page 123 - Solving Housing Disputes

housing disputes in towns and communities which no longer have a physical
court or tribunal presence [3.24].

Pre-action processes

22. The CPRC should revisit pre-action protocols for housing disputes, with a
view to simplifying them [3.29].

23. All claim forms for possession which involve a pre-action process should be
strengthened to require applicants to demonstrate that they have engaged with
a tenant or borrower to attempt resolve the issues giving rise to the prospect
of eviction [3.31].

24. The CPRC should ensure defence forms for all possession claims capture
information about a respondent’s disability or other matters which give rise
to Equality Act 2010 or ECHR Article 8 concerns or defences [3.32].

25. The Civil Procedure Rule Committee (CPRC) should consider whether a
simple, easy to follow pre-action protocol for private possession claims
should be established [3.35].

26. Pre-action requirements for enforcement of a charging order should be
introduced [3.37].

27. The definition of “legal help” under legal aid contracting for housing should
be amended to capture acting and advising through pre-action ADR processes
[3.39].

28. The Civil Justice Council should review how awareness of and uptake of
ADR at the pre-action stage in housing disputes can be promoted and
encouraged [3.43].
Alternative dispute resolution

29. Subject to there being appropriate funding for ADR providers and
practitioners at the pre-action stage, the CPRC should consider whether costs
sanctions for failure to engage with ADR pre-action could be brought earlier
in the case management process [3.45].

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