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Housing advice - representation in court
If you are due to attend hearings in possession proceedings due to rent arrears, you may want to seek free advice or representation from a 'housing possession court duty scheme'. If you have not sought legal advice prior to attending housing possession hearings, this can be a source of last minute help.
The scheme allows you access to a duty solicitor/advisor at the time of the hearing. This person will represent you through the hearing itself and follow through any resulting action. The scheme ensures that all relevant information is taken into consideration before the judge reaches a decision.
Why you should attend the hearing
If you are a defendant it is important to attend a hearing as this is your opportunity to tell the court about the reasons why you have fallen behind in your mortgage or rent payments. If you do not attend, the court may make a decision to evict you. Once this decision is made by the court it is very difficult to stop the eviction from taking place. If you have a good reason, you may be able to have the proceedings adjourned to give you time to catch up on your rent arrears. The duty scheme can help you to make this explanation to the court, or to negotiate with your landlord or mortgage lender to make an arrangement about paying off your rent arrears.
There is more information about housing possession court procedures available on Her Majesty's Courts Sevice (HMCS) website.
How duty schemes are organised
All schemes can help you to find further advice with any other legal problems you may have. Schemes now operate in around one-third of the 230 county courts in England and Wales. To find out more about the schemes in your local area, contact your local council or call Community Legal Service Direct on 0845 345 4 345 or visit the Community Legal Service Direct website.
Where housing possesion duty schemes are not available some courts have alternative advice services operating within the court provided by organisations such as Shelter, or other voluntary advice agencies.
If a duty scheme is not available in your area, you can find out whether any alternative advice services are on offer by contacting the court where your case is being heard. Contact information for the court can be found on the paperwork you should have received from the court in relation to your case, or from the HMCS website.
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