A useful link from the MoJ today highlights the availability of the Housing Possession Court Duty Schemes (‘HPCDS’” or ‘Scheme’) which offers “on-the-day” emergency face to face advice and advocacy to anyone facing possession proceedings   Anyone in danger of high court eviction process or having their property repossessed and evict a tenant can get free legal advice and representation on the day of their hearing, regardless of their financial circumstances.

The following types of proceedings at the court:

1. Private rented possession proceedings

2. Public/registered social landlord rented possession proceedings

3. Mortgage possession proceedings

4. Applications to stay/suspend execution of warrants of possession; and

5. Clients with charging orders relating to property whereby the client is at immediate risk of losing their home through a forced sale.

Civil legal services in respect of housing order for possession are within the scope of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (‘LASPO’), notice section 21, evict notice, section 8 notice, eviction section 21 and it is on that basis that funding is provided by the Legal Aid Agency (LAA) for Housing Possession Court Duty Schemes. Delivery is by providers (under contracts with the LAA), with each contract aligned to a particular scheme made up of single or multiple courts, and awarded following a competitive procurement process.

Sounds like a much-needed scheme but our experience is that very little is done at the time of high court eviction letter to suspend proceedings or take action to keep people in their homes when tenants not paying rent and help with a deposit for renting. We help the landlord in eviction to evict a tenant by sending eviction notice by the landlord.

Our view is that as enforcement professionals we can and should be highlighting the availability of the scheme at the time notice of eviction, letter of eviction is given and at the time of the high court writ eviction itself.  Of course, it may all be too late to make a difference to the plight of people being evicted but we see no reason why we cannot give out information in a prescribed form.  We have responded to the online survey suggesting this today.

Frequently Asked Questions – Housing Possession Court Duty Scheme (HPCDS)

Q1: What is the Housing Possession Court Duty Scheme (HPCDS)?

A: The Housing Possession Court Duty Scheme (HPCDS or ‘Scheme’) offers “on-the-day” emergency face-to-face advice and advocacy to anyone facing possession proceedings. Anyone in danger of eviction or having their property repossessed can get free legal advice and representation on the day of their hearing, regardless of their financial circumstances. The scheme is funded by the Legal Aid Agency (LAA) under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), and is delivered by legal providers under contracts with the LAA, with each contract aligned to a particular scheme made up of single or multiple courts.

Q2: Who is eligible for the Housing Possession Court Duty Scheme?

A: Anyone facing possession proceedings can access the Housing Possession Court Duty Scheme, regardless of their financial circumstances. You don’t need to qualify for legal aid in advance or pass any means test. The scheme is available to people facing private rented possession proceedings, public or registered social landlord rented possession proceedings, mortgage possession proceedings, applications to stay or suspend execution of warrants of possession, and clients with charging orders relating to property whereby they are at immediate risk of losing their home through a forced sale. The service is completely free on the day of your hearing.

Q3: What types of possession proceedings are covered by HPCDS?

A: The Housing Possession Court Duty Scheme covers five main types of proceedings: (1) Private rented possession proceedings including Section 8 and Section 21 notices, (2) Public or registered social landlord rented possession proceedings, (3) Mortgage possession proceedings where homeowners face repossession by lenders, (4) Applications to stay or suspend execution of warrants of possession, and (5) Cases involving charging orders relating to property where the client is at immediate risk of losing their home through a forced sale. All these proceedings are within the scope of civil legal services under LASPO.

Q4: Is the Housing Possession Court Duty Scheme really free?

A: Yes, the Housing Possession Court Duty Scheme is completely free. You receive free legal advice and representation on the day of your hearing regardless of your financial circumstances. Unlike standard legal aid, you don’t need to prove your income or savings to access this emergency service. The scheme is funded by the Legal Aid Agency (LAA) under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the legal providers are contracted by the LAA to deliver these services at no cost to people facing possession proceedings.

Q5: How do I access the Housing Possession Court Duty Scheme?

A: To access the Housing Possession Court Duty Scheme, you should attend your possession hearing at court on the scheduled day. When you arrive at the court, ask court staff where the Housing Possession Court Duty Scheme advisers are located. The scheme operates on an “on-the-day” basis, meaning advisers are available at the court to provide emergency face-to-face advice and advocacy. You should arrive early to allow time to speak with an adviser before your hearing. The advisers are there specifically to help people in your situation and can provide immediate assistance.

Q6: What is a Section 21 notice?

A: A Section 21 notice is a legal document used by private landlords to evict tenants from assured shorthold tenancies without needing to provide a reason for the eviction. It’s often called a “no-fault eviction” notice. Landlords must give at least two months’ notice under Section 21, and the notice can only be served after certain conditions are met, such as the tenancy deposit being properly protected. If you’ve received a Section 21 notice and are facing possession proceedings, the Housing Possession Court Duty Scheme can provide free legal advice and representation on the day of your hearing.

Q7: What is a Section 8 notice?

A: A Section 8 notice is used by landlords to start possession proceedings when tenants have breached the terms of their tenancy agreement. Unlike Section 21, the landlord must provide specific legal grounds for eviction, such as rent arrears, antisocial behavior, or damage to the property. The notice period varies depending on the grounds stated, ranging from two weeks to two months. If you’re facing possession proceedings based on a Section 8 notice, the Housing Possession Court Duty Scheme can help you understand your rights and represent you at your hearing.

Q8: What is a warrant of possession?

A: A warrant of possession is a court order that allows a landlord to enforce a possession order by instructing bailiffs or enforcement agents to physically remove tenants from a property. It’s issued after the court has granted a possession order and the tenant hasn’t voluntarily left by the specified date. However, tenants can apply to the court to stay or suspend the execution of a warrant of possession, particularly if their circumstances have changed or they can now pay arrears. The Housing Possession Court Duty Scheme covers applications to stay or suspend warrants of possession and can provide free legal assistance on the day of the hearing.

Q9: Can the Housing Possession Court Duty Scheme help with mortgage repossession?

A: Yes, the Housing Possession Court Duty Scheme specifically covers mortgage possession proceedings. If your mortgage lender is taking legal action to repossess your home due to mortgage arrears, you can access free legal advice and representation on the day of your hearing through the scheme. The adviser can help you understand your options, negotiate with your lender, present your case to the judge, and potentially arrange a suspended possession order or payment plan that allows you to keep your home while catching up on arrears.

Q10: What happens if I have a charging order on my property?

A: A charging order is a legal claim placed on your property by a creditor who has obtained a county court judgment against you. If you’re at immediate risk of losing your home through a forced sale due to a charging order, the Housing Possession Court Duty Scheme can help. The scheme covers cases involving charging orders relating to property where the client faces imminent loss of their home. An adviser can help you understand your rights, challenge the forced sale if appropriate, negotiate alternative payment arrangements, or present mitigating circumstances to the court.

Q11: How is the Housing Possession Court Duty Scheme funded?

A: The Housing Possession Court Duty Scheme is funded by the Legal Aid Agency (LAA) under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Civil legal services in respect of housing possession are within the scope of LASPO, and it is on that basis that funding is provided. Delivery of the scheme is by legal service providers who hold contracts with the LAA, with each contract aligned to a particular scheme made up of single or multiple courts. These contracts are awarded following a competitive procurement process to ensure quality service delivery.

Q12: What kind of help can I get from the Housing Possession Court Duty Scheme?

A: The Housing Possession Court Duty Scheme provides comprehensive on-the-day emergency assistance including face-to-face legal advice about your case and options, advocacy and representation at your possession hearing, help understanding court procedures and legal terminology, assistance negotiating with landlords or lenders, support preparing your case and gathering evidence, guidance on making applications to suspend or stay warrants, advice on your rights and defenses, and help arranging payment plans or suspended possession orders. The advisers are experienced legal professionals who specialize in housing law and possession proceedings.

Q13: When should I seek help from the Housing Possession Court Duty Scheme?

A: You should seek help from the Housing Possession Court Duty Scheme on the day of your possession hearing. The scheme operates on an “on-the-day” basis, providing emergency assistance when you attend court. However, you should arrive at court early to allow sufficient time to meet with an adviser before your hearing begins. While enforcement professionals suggest that information about the scheme should be provided at the time notice of eviction is given or at the time of a high court writ eviction itself, currently the scheme primarily operates at the court hearing stage. Don’t wait until after your hearing—get help as soon as you arrive at court.

Q14: Can the Housing Possession Court Duty Scheme stop my eviction?

A: While the Housing Possession Court Duty Scheme cannot guarantee that your eviction will be stopped, it significantly improves your chances of a favorable outcome. The legal advisers can help you present defenses, demonstrate changed circumstances, negotiate payment arrangements, apply for suspended possession orders that allow you to stay in your home if you meet certain conditions, challenge procedural errors in the possession process, or request more time to find alternative accommodation. In many cases, having professional legal representation makes a substantial difference in the court’s decision, but outcomes depend on the specific circumstances of your case.

Q15: What should I bring to my possession hearing?

A: When attending your possession hearing where you’ll access the Housing Possession Court Duty Scheme, bring all relevant documentation including your tenancy agreement or mortgage documents, all notices you’ve received (Section 21, Section 8, or eviction notices), correspondence with your landlord or lender, evidence of any payments made, bank statements showing your financial situation, proof of benefits or income, documentation of any changes in circumstances (job loss, illness, etc.), any previous court orders or agreements, and evidence supporting any defenses you may have. Having these documents will help the duty scheme adviser understand your situation quickly and represent you effectively.

Q16: What is the difference between private and social landlord possession proceedings?

A: Private rented possession proceedings involve properties rented from individual or corporate private landlords, typically under assured shorthold tenancies with fewer protections and often shorter notice periods. Public or registered social landlord possession proceedings involve properties rented from local authorities or housing associations (registered providers), where tenants usually have more security of tenure and stronger rights. Social landlords must follow stricter procedures before seeking possession, often including pre-action protocols. The Housing Possession Court Duty Scheme covers both types of proceedings, and the advisers understand the different legal frameworks and protections applicable to each type of tenancy.

Q17: How effective is the Housing Possession Court Duty Scheme in practice?

A: While the Housing Possession Court Duty Scheme is described as a much-needed service, enforcement professionals have noted that in practice, very little is often done at the time of eviction to suspend proceedings or take action to keep people in their homes. The scheme operates on the day of the hearing, which some argue may be too late to make a significant difference in many cases. However, having legal representation is always better than appearing without advice. Enforcement professionals suggest that information about the scheme should be provided earlier in the process—at the time notice of eviction is given or at the time of high court writ eviction—to give people more opportunity to access help before the hearing.

Q18: Can enforcement agents provide information about the Housing Possession Court Duty Scheme?

A: Yes, enforcement professionals believe they can and should be highlighting the availability of the Housing Possession Court Duty Scheme at the time notice of eviction is given and at the time of high court writ eviction itself. While it may sometimes be too late to make a difference to people being evicted, there is no reason why enforcement agents cannot provide information about the scheme in a prescribed form. This would give people facing eviction earlier notice of the free legal help available to them. Some enforcement agencies are advocating for this practice and have responded to surveys suggesting that information about HPCDS should be provided by enforcement agents.

Q19: What should landlords know about the Housing Possession Court Duty Scheme?

A: Landlords should be aware that tenants facing possession proceedings have access to free legal advice and representation through the Housing Possession Court Duty Scheme on the day of the hearing. This means tenants may be better prepared to defend against possession claims or negotiate arrangements. Landlords should ensure their possession procedures are legally correct, all required notices have been properly served, and they have strong grounds for possession. The scheme exists to ensure fairness in possession proceedings and that both parties have adequate legal representation. Landlords should expect that tenants may present stronger cases with professional legal help from the scheme.

Q20: Where can I find more information about the Housing Possession Court Duty Scheme?

A: For more information about the Housing Possession Court Duty Scheme, you can visit the Ministry of Justice (MoJ) website or contact the Legal Aid Agency (LAA). When you receive a notice of possession proceedings, the court papers should include information about available support services. You can also contact Citizens Advice or housing charities like Shelter for guidance about accessing the scheme. If you’re working with enforcement professionals like Shergroup, they may also be able to provide information about the scheme as part of their service. The most important thing is to attend your hearing and ask for the Housing Possession Court Duty Scheme adviser when you arrive at court.