Page 39 - Solving Housing Disputes

method of communication when initiating a dispute or filing a response. At
Stage 1, parties accessing the HDS digital case management system would
have access to their material, the other party’s initial documents, and
correspondence with the HDS.

2.51 At Stage 1, the service will need to be proactive about securing the
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engagement of parties and their information. Interviews will be necessary,
but additional inquiries, e.g. with the DWP to assess benefits issues and
whether the property is contractually and regulatory compliant, may also be
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needed. As the Stage 1 investigation reveals issues within the housing
relationship, the multi-disciplinary skill set of the HDS would be deployed.
As an interim Stage 1, a case conference would be convened within the HDS,
featuring the array of expertise necessary for a dispute, to identify the
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approach to be taken. If rent arrears arise from benefits delays or refusals,
the HDS should direct a seconded DWP officer to reconsider a respondent’s
eligibility. If a possession claim has underlying issues around housing
conditions, outcomes at this stage would include, for example, HDS
environmental health officers or a surveyor being deployed to the premises to
conduct an assessment.

2.52 If technical expertise is needed to advise the parties of their rights and
obligations, be it legal, regulatory or otherwise, that expertise should reside
within the HDS and be called upon as necessary, although at all stages parties
should be told of their right to access independent legal advice through the
process. The service is intended to secure a level playing-field: an active

86 There will be some cases where the investigation discloses early on that, e.g., the landlord is determined
to recover possession and will be successful were it to come to court. In such circumstances the HDS
needs to be flexible if it is not to cause unwarranted delay, e.g. curtailing investigations which will only
be relevant to a continuing, long-term relationship. That is not to say that it has no role, and (i) there may
be rights on the part of the tenant which still need to be vindicated, (ii) there may be issues of timing -
e.g. a postponement pending - say - rehousing by the local authority, or a child’s exams or something
similar, to which the landlord may, fostered by the HDS culture, be amenable, and (iii) considerable costs
may be saved by bringing the parties together.

87 The 2019 Citizens Advice report noted that there were significant problems with individual regulatory
compliance across surveyed properties, with issues arising around disrepair, failure to provide a carbon
monoxide alarms, failure to carry out an annual gas safety checks, see Poll and Rodgers note 4 above.

88 Similar multi-disciplinary case conferences are convened in some local authorities, such as Leeds City
Council, when families in crisis are facing the prospect of eviction from social housing, and inspiration
could be taken from their approach.

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