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In England and Wales, housing situations are classified, inter alia, as follows:
- formal types of tenancy (e.g., assured shorthold tenancy, assured tenancy, etc.);
- non-tenancy living arrangements (e.g., living with landlord, no rent paid, etc.);
- accommodation linked to employment; and
- homeowners
Some housing situations offer minimal security and limited rights for occupants where it can lead to their vulnerability to losing their home and fewer rights to challenge eviction. Apart from that occupants on rented properties leave voluntarily due to issues, inter alia, as follows:
- unjustified rent increases;
- poor management by landlords; and/or
- unresolved disrepair issues.
Encouragingly, the insecure situations of tenants in the private rented sector are set to improve starting in May 2026 where they will gain significant protections under the Renters' Rights Act 2025 (RRA 2025).
Housing Advice and Legal Advice Services
If you live in any form of housing situation and are at risk of losing your home, you should know that you are not alone and support is available at a critical time. You may be entitled to legal assistance (advice and representation) if you face situations, inter alia, where it might involves as follows:
- eviction by landlords under section 21 for Assured Shorthold Tenancies (ASTs);
- eviction by landlords under section 8 for ASTs and Assured Tenancies (e.g., housing associations);
- facing repossession by mortgage lenders due to arrears;
- court's possession proceedings due to rent arrears; or
- subject to a possession order due to court orders.
You can contact your local Citizens Advice or Shelter for free and confidential guidance and relevant options. Alternatively, you may also be eligible for a government-funded legal assistance scheme through Housing Loss Prevention Advice Service (HLPAS), which is delivered by eligible specialist external providers.
Please be reminded that a valid section 21 notice served on Assured Shorthold Tenants in England on or before 31st May 2026 remains enforceable even though most and new tenancies will automatically convert to Assured Periodic Tenancies (APTs) from 01st May 2026. Click on the link to ascertain whether a served section 21 is valid or invalid on https://www.citizensadvice.org.uk/housing/eviction/getting-evicted/renting-privately/if-you-get-a-section-21-notice/
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Housing Loss Prevention Advice Service (HLPAS)
In August 2023, HLPAS (previously Housing Possession Court Duty Scheme - HPCDS) as a government-funded legal advice service administered by the Legal Aid Agency (LLA) was launched across England and Wales. The service is delivered through eligible external legal aid providers/organisations, as follows:
- solicitors' firms;
- law centres; and
- specialist housing organisations
The service is applicable to all types of housing situations in England and Wales (where an occupant must have a lawful basis to be in the UK), regardless of financial circumstances. However, the key requirement is that you are lawfully at risk of losing or being asked to leave your home – i.e., written evidence of loss of home is required.
HLPAS provides the following services, as follows:
- early legal advice where they assist you to understand on housing rights and relevant options before issues reach court (formal legal proceedings); and
- in-court duty representation where they give you free legal representation on the day of a possession hearing.
Click on the following link if you would like to know more about HLPAS, as follows:
- HLPAS' homepage on https://www.gov.uk/government/publications/housing-loss-prevention-advice-service-hlpas;
- HLPAS' current provider list on https://assets.publishing.service.gov.uk/media/69b2b520c8010d37b34e007b/120326_HLPAS_Provider_List_gov.uk.pdf
- HLPAS' legal aid providers/organisations near you on https://find-legal-advice.justice.gov.uk/check/housing-loss-prevention-advice-service
On the other hand, if you are an occupant with no lawful immigration status to be in the UK and have no recourse to public funds, you can still access the HLPAS's services. However, this does not make you eligible for assistance on local authorities' housing register or for a homelessness application. This is because these types of assistance are classed as public funds for immigration purposes, unlike HLPAS where it is classed as legal aid – different from standard legal aid.
Relevant Links
- Tenancy checker in England on https://england.shelter.org.uk/housing_advice/downloads_and_tools/tenancy_checker
- Tenancy checker in Wales on https://sheltercymru.org.uk/housing-advice/renting/
- Section 21 and Section 8 notices on https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices
The above information reflects my understanding of the government-funded legal advice and is provided for general guidance only. If you believe any part requires clarification or correction, please feel free to contact me. Hence, it should not be taken as legal advice.
