Page 14 - Solving Housing Disputes

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(e) the commencement of the online possession project, which will digitise
elements of possession claims as part of the Reform Programme.

1.7 While individually encouraging, none of these offers a holistic solution for the
housing dispute resolution/problem-solving system. Nor do they offer a unified
architecture in which tenants and landlords can effectively vindicate rights and
interests, without recourse to eviction, conflict and financial loss.

The Working Party

1.8 The starting point for this Working Party was to develop proposals to create a
more unified and accessible housing dispute system. Around the same time, in
November 2018, the MHCLG called for evidence on the proposal for a Housing
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Court. That consultation considered the current model of dispute resolution, the
extent to which housing disputes are currently split between the First-tier Tribunal
(Property Chamber) and the County Court and whether there was a case for
consolidation into a solitary jurisdiction. It prompted us to consider not only the
current landscape, but more fundamentally, whether there are potentially better
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methods to resolve housing disputes.

1.9 Our Working Party was convened in March 2019. Over the last 12 months, we
have considered evidence and ideas on how best to improve access to justice in
housing disputes. We have not sought to duplicate existing exercises in reform
although there are areas where we have built upon pre-existing proposals or
reforms, for instance with respect to the Housing Complaints Resolution Service
and cross-ticketing (see Chapter 4 below). Instead, we set out to explore what
type of housing dispute fora could best promote access to justice, whether there
was a role for expanding alternative dispute resolution (ADR) mechanisms in the
system and what role digitisation should have against the background of the
Reform Programme. As with all JUSTICE working parties, our focus has been
on procedures and processes.

17 The project will commence in 2020 and “will improve, automate and streamline the shorthold tenancy
possession process”, available at https://www.gov.uk/guidance/hmcts-reform-update-civil#possession

18 MHCLG, ‘Considering the case for a Housing Court: A Call for Evidence’, November 2018, available
at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/75
5326/Considering_the_case_for_a_housing_court.pdf

19 At the time of our reporting, there was no indication as to whether the Government intended to proceed
with a solitary Housing Court.
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