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Housing advice - representation in court
If you are facing repossession, going to court can be upsetting. The Housing Possession Court Duty scheme can help you access quality legal advice. Make sure you attend your court hearing. The scheme may provide you with free, on-the-day advice and representation.
What is the Housing Possession Court Duty scheme?
You can get free legal advice and representation in court under the Housing Possession Court Duty scheme if you are facing repossession or eviction. The scheme can be a source of last minute help if you haven’t sought legal advice before the court hearing. You can get help if you are a tenant or a mortgage holder (including holders of second mortgages) for possession hearings and warrant applications.
The scheme provides specialist advisers who can give you free legal advice on the day of your hearing. The adviser will represent you at the hearing and follow through with any resulting action. They will help you explain why you haven’t made your payments. They can also help you negotiate an arrangement with your mortgage lender or landlord to pay off your debts.
You can get help under the Housing Possession Court Duty scheme whatever your financial situation – as long as you have a hearing listed the same day.
Why you should attend the hearing
You need to attend your hearing – it’s your opportunity to tell the court why you have fallen behind in your mortgage or rent payments. If you don’t attend, the court may make a decision to evict you. Once this decision is made by the court, it’s very difficult to stop the eviction from taking place.
If you have a good reason, you may be able to have the proceedings postponed. This would give you time to catch up on your repayments.
There is more information about housing possession court procedures available on Her Majesty's Courts Sevice (HMCS) website.
Housing Possession Court Duty scheme – how to get help
The Housing Possession Court Duty scheme is provided in 187 county courts in England and Wales. To find out more about the schemes in your local area, contact your local council or the court where your case is being heard. You’ll find contact information for the court on the paperwork you should have received for your case. You can also contact Community Legal Advice, who can give you specialist, confidential legal advice.
If a duty scheme is not available in your area, there may be other advice services that can help you. Check with the court where your case is being heard.
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