Does the current housing possession process provide effective access to justice? Susan Bright & Lisa Whitehouse report
Every year, more than 220,000 claims are brought for possession, mostly for rent and mortgage arrears. To make the right decision, the judge needs to know not only about the defendant’s financial situation (how much arrears are owed and how much income the occupier has), but also whether eviction really is a “last resort” and what the occupier’s personal circumstances are.
We have recently completed a detailed study exploring how (and whether) this information is made known to judges during the possession process, and what kind of support is available to occupiers. Our findings show that although judges will usually have the facts and figures relating to the payment history available to them, they sometimes have only sketchy information available to them about the occupier’s circumstances more generally. Very few occupiers receive legal advice before the hearing, and it appears that many do not file a defence form or turn up at court to present their side of the story. This raises concern about
