Page 146 - Solving Housing Disputes

(a) The solution to the advice deserts is a willingness on the part of the
Ministry of Justice and HM Treasury to fund law centres, housing aid
centres and advice agencies throughout the country and to extend legal
aid at sustainable rates to permit the underlying issues in a case to be dealt
with. The longer term benefits to individuals, families and communities,
and to public funds of timely legal advice and assistance in housing cases
are well documented.

(b) The Civil Procedure Rules need to be revised and simplified for certain
kinds of claim, including housing. They should be concise, clear and
accessible. The court should not necessarily expect documents to be
“pleaded” in the traditional way. A “statement of case” should be literally
that, and the emphasis should be on a clear outline of the facts and
relevant law.

(c) Judges should be specialists in housing law.

(d) Housing law is complex. The Law Commission recognised this in its
2001/2 reports, which became the foundation for the new regime in
Wales, under the Renting Homes (Wales) Act 2016. A rationalisation of
housing law in England is long overdue.

(e) Judges should be permitted and encouraged to adapt their approach to the
nature of the case and the parties. Where neither or only one party is
legally represented, the judge should (without descending into the fray)
adopt a more inquisitorial, facilitative style, assisting the unrepresented
party where necessary in order to establish as far as possible a level
playing field and ensure that all the relevant facts are before the court.
That is in fact the approach that many pro-active district judges take at
present. Where both parties are represented, the judge can adopt a more
traditional role, but he or she should nevertheless seek to steer the parties
towards a settlement and/or should assist the advocates by giving the
parties an early indication of his/her views on the issues, in both cases so
far as appropriate to do so.

(f) Some of the specialist services which the HDS purports to offer could and
should be available under the current system. Thus, an advice service
attached to the court would have welfare benefits specialists – advisers
rather than DWP officials - to whom the court itself would refer cases in
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