Page 16 - Solving Housing Disputes

Housing cases are skirmishes, neither the beginning nor the end of strife: they
may resolve an immediate issue, but they do not foster let alone bring a lasting
peace. We recommend they be replaced by a mechanism which can.

2.4 There are other considerations, some of which may be common to other areas
of law, others of which are peculiar to housing. Housing law is notoriously
complex, even though many housing cases are not. The same system must
cater for both, necessarily designed to support the weightier demands of the
complex but with only limited flexibility to deal with cases which are not. The
system can be unwieldy when the case is not complex but often not suited to
those complex cases where specialist expertise is needed. There is also a
considerable problem of consistency when disputes are heard by judges
without housing expertise, which only specialism and the concentration of
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experience can remedy.

2.5 There are issues of access, in terms of finding housing lawyers and advisers.
Many people do not engage with the legal process. When asked to leave their
home, they do so even though it may be costly and difficult for them. When
asked for a rent increase, they pay even though it may squeeze them beyond
their resources. If the landlord refuses repairs, they put up with it until they
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leave for somewhere else, which shifts the disrepair to the next tenant and
generates the costs of moving to find somewhere else to live. Many people do
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not qualify for legal aid or do not know that they may qualify and believe
that lawyers are too expensive. Many assume that the law will not help them
or do not know how to go about finding a lawyer or an advice service. Many
live in areas where there are no publicly-funded lawyers doing housing
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work. For many, the legal system is alien, unfriendly and

22 See Chapter 4.

23 A recent report suggested that 60% of tenants experience disrepair, and of these 20% do not have the
problem completely resolved within a reasonable amount of time. 22% of tenants experiencing disrepair
end up spending their own time or money fixing the problem. Poll and Rodgers note 4
above, summary.

24 Eligibility for civil legal aid is for those with monthly disposable income of below £733 and less than
£8,000 in capital assets, ‘Means Assessment Guidance’, (Legal Aid Agency, April 2019), appendix 1
available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_da
ta/file/793462/Means_Assessment_Guidance.pdf

25 See para 3.5.

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