April 2013 Legal Aid reforms for Tenancy Issues

1st April 2013 The Civil Legal Aid (Merits Criteria) Regulations were introduced

Tenants still qualify for legal aid for the vast amount of housing issues.
However such engaged solicitor firm has a duty to ensure legal aid is appropriate use of public funds (and satisfy the proportionality tests has been adhered to see below).
In addition depending on the case type the Tenant may be required pass a MEANS TEST CALCULATION should they qualify they may also be required to contribute from their disposable income towards the cost.

proportionality TEST - Qualification for Funding

For full representation in relation to a claim for a court order for possession of an individual’s home. The Solicitors Firm [Director of Legal Aid Casework] must be satisfied the individual has a defence; the prospects of success are very good, good, moderate or borderline; and the proportionality test is met.

For full representation in relation to other housing matters to which specific merits criteria apply (this covers eviction, risk to health or safety in a rented home and harassment, by a landlord or other person, that interferes with the individual’s enjoyment of their home). The Director must be satisfied that the proportionality test is met; the landlord or other person responsible for the matter complained of has been notified of the complaint (an exception is where this is impracticable) and been given a reasonable opportunity to resolve the matter.

Legal Aid Tenancy issues is available for

Loss of home : Homelessness, Risk to health or safety in rented home, Anti-social behaviour, Protection from harassment, Immigration: accommodation for asylum seekers etc. Judicial review (but only arising out of matters that are already covered in this category), and Exceptional funding cases. (any matters which concern the possession, status, terms of occupation, repair, improvement, eviction from, quiet enjoyment of, or payment of rent or other charges for premises)

A good guide to use to assess if Legal Aid has been appropriately/proportionaly being used is the Changes to civil legal aid Practical Guidance for the Bar

HYPERTHECTICALLY I HAVE A PROBLEM TENANT WHO HAS QUALIFIED FOR LEGAL AID

I write to the [name person] Director of Legal Aid Casework and state [similar to] I am concerned funding has been awarded under The Civil Legal Aid (Merits Criteria) Regulations for
I have complied with the requirements that assures me posession will be granted in accorance with civil procedures (part 55 etc)
I do not consider the tenants eligibility has met the proportionality test.

I would be grateful if you could enlighten me as to why you believe this application qualified for the proportionality test. NOTE - If nothing else this may shed light on the tenants proposed defence

CALCULATION OF ELIGIBILITY

Those who wish to claim Legal Aid will need to pass a means test, as you appreciate this is based on individual circumstances click the link below and complete the test as though you were the tenant