You are viewing 1 of your 1 free articles
Low tenant attendance for eviction hearings spark calls for courts to close
Possession hearings should be put on hold during the COVID-19 lockdown as tenants are failing to access legal help, lawyers tasked with preventing evictions have said.
Safety fears have also been raised around the decision to keep courts open, with lawyers stating they are worried about the health of both themselves and their clients.
Possession hearings have continued to be heard throughout the current lockdown, in contrast to the lockdown in spring last year when all possession cases were put on hold.
Simon Mullings, senior case worker at Edwards Duthie Shamash Solicitors and co-chair of the Housing Law Practitioners Association (HLPA), said the volume of tenants turning up to court for possession hearings during the current lockdown is “very low indeed”.
Tenants facing eviction are usually able to access free on-the-day legal advice and representation from duty solicitors. If a tenant does not turn up to court, the case can be heard without them.
Mr Mullings said: “It seems that a lot of defendants are understandably saying to themselves ‘well I’m supposed to be at home so presumably my court hearing won’t be going ahead’… so that’s a massive access to justice issue.”
READ MORE
Nimrod Ben-Cnaan, head of policy and profile at the Law Centres Network, said low engagement is “often driven by confusing messages” and said many courts’ communications with renters are “lengthy and obscure details about the assistance available”.
He added: “In addition, renters are confused by getting a letter telling them to go to court, while also being told by the government’s general communications to stay at home.”
“This confusion is hurting people’s chances of getting legal assistance and avoiding losing their homes,” he added.
A government source said there is currently no evidence that there is a widespread issue with parties not attending hearings.
Lawyers have also raised concerns about whether courts are safe to attend due to current high levels of coronavirus infections across the country.
Mr Mullings said that even with the new arrangements that were introduced when possession cases reopened in October, duty advisors can be working on 10 cases per day.
“You don’t know who is going to show up, who they’re going to with, so we think there’s specific dangers about duty as opposed to other kinds of cases, which are a concern in themselves anyway,” he said.
Mr Ben-Cnann said concerns about court safety are “widespread” and said Law Centre solicitors “fear for their health and that of their families” due to “inadequate safety arrangements in local courts”.
A HM Courts and Tribunals Service spokesperson said: “Our courts and tribunals meet COVID-secure guidelines and public health experts have confirmed the arrangements in place are sufficient.
“In addition, we are rolling out video technology and, if both parties agree, judges can allow for possession hearings to be heard remotely.”
However a recent poll of 46 duty advisors, carried out by HLPA in collaboration with others, found that 42 (91%) were still working in courts that are conducting face-to-face possession hearings.
Meanwhile, 28 respondents (61%) did not believe their court was safe to work in.
“The government should pause possession proceedings again, to allow for further roll-out of the vaccine and for the virus to be brought under control,” Mr Ben-Cnaan said.
Mr Mullings said he understood that pausing possession proceedings was a “nuclear option” but said “the conditions mean that getting to the court does not guarantee access to justice because the situation is so febrile”.
Sign up for our legal and regulation newsletter
Already have an account? Click here to manage your newsletters
