HOUSING LOSS PREVENTION ADVICE SERVICE (HLPAS) IN ENGLAND AND WALES

 by: MisS VictoriA DaviD

Courtesy of www.shutterstock.com

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/ 

Courtesy of canva.com

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. It is provided for general information only and should not be taken as legal advice. If you believe that any part requires clarification or correction, please feel free to contact me. Hence, it should not be taken as legal advice.

RENTERS' RIGHTS ACT 2025 (RRA 2025): PRIVATE RENTED SECTOR (PRS)

 by: MisS VictoriA DaviD

Image courtesy of www.legislation.gov.uk

Recently, I attended an in-house seminar on the Renters' Rights Act 2025 (RRA 2025) for the Private Rented Sector (PRS). Here are my takeaways alongside my own research ahead of the reforms where it will take effect from 01st May 2026. 

Existing Assured Shorthold Tenancies (ASTs), along with social housing tenancies and lodger arrangements, will remain unchanged or as they are. Thus, they will continue under their current terms until the government activates the transition date (Big Bang approach) where it automatically converts ASTs into Assured Periodic Tenancies (APTs). 

The RRA 2025 applies to England and Wales, but implementation dates differ slightly. Also, it may replace sections of the Housing Act 1988 (HA 1988), the primary legislation for private renting in England and Wales. 

The following are key changes wef (with effect from) 01st May 2026:

END OF SECTION 21 NOTICE (no-fault eviction process under the HA 1988) 

• Section 21 will be abolished. All evictions must rely on prescribed Section 8 grounds where there are 37 in total, of which 26 are mandatory. 
• Notice period extended to reflect the removal of Section 21 notice – i.e., tenants receive a longer notice period and can challenge the ground if it’s not genuine. 

GENERAL RULES ON GROUNDS FOR POSSESSION 

• Landlords must use one of the prescribed Section 8 grounds where there are 37 in total, of which 26 are mandatory. 
• Key grounds are as follows: 
• Ground 1, landlords returning to live in the property requires 4 months' notice; 
• Ground 1A, landlords intention to sell or grant a long lease requires 4 months' notice, but cannot be used for existing ASTs as it is a new mandatory ground under RRA 2025. If you do not know your tenancy types click on https://england.shelter.org.uk/housing_advice/downloads_and_tools/tenancy_checker; 
• Ground 4A, annual turnover for student accommodation -- i.e., this is based on 3+ unrelated tenants and not how many bedrooms in a property. This is where landlords can regain possession every academic year. Thus, it prevents situations where a student tenant could reside indefinitely. However, landlords are required to give 4 months' notice where the move-out date must fall between June and 30th September; 
• Ground 6B (new mandatory ground), overcrowding requires 4 months' notice. This is where landlords are to regain possession as the number of people living breaches the legal overcrowding standards; and 
• Ground 8, persistent and serious arrears where it requires 2 weeks' notice. 

WRITTEN TENANCY TERMS 

• Landlords must provide a written statement of terms for all APTs. Whilst existing tenants may request one of their current terms for transparency purposes where landlords must comply. 
• All new tenancies become APTs. This is where a tenancy is either on a weekly or monthly rolling -- i.e., no longer locked into a 6-12 months fixed contract, with no fixed end date, but renews automatically at the end of each rental period. 
• Existing ASTs will continue for a period until the government activates the automatic conversion to APTs. This means that section 21 will continue to apply to existing ASTs until the Big Bang approach– i.e, switch over to APTs. 

Furthermore, PRS landlords are ought to provide the RRA Information Sheet 2026 to their tenants who have an assured or assured shorthold tenancy by 31st May 2026. This applies if the tenancy was created before 01st May 2026 or if it has tenancy terms written in whole or in part. On the other hand, failure to provide information could result in a fine of up to £7000. More information, go on to https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026

DEPOSITS 

• Landlords must protect tenants' deposits through one of the current, existing tenancy deposit scheme providers (TDPs). Here is a link for relevant information on https://www.citizensadvice.org.uk/housing/deposits/check-your-landlord-has-protected-your-deposit/
• The existing legal limit for a deposit continues to apply under the new system. Here is a link for more relevant information on https://england.shelter.org.uk/housing_advice/tenancy_deposits/paying_your_tenancy_deposit

Image courtesy of http://oneofakindpets.com/

RENT ON ADVANCE 

• Tenants can voluntarily offer to pay more rent in advance, but it is unlawful for landlords to require more than one month's rent in advance as a contractual obligation (e.g., a clause in the tenancy agreement) in APTs. 

RENT INCREASES (Currently, rent increases use section 13 legal procedure through County Court or a rent review clause in the tenancy agreement.) 

• Rent review clauses are banned and any attempt to include them will be legally unenforceable. 
• Rent increases must use section 13 legal procedure and file at the First-Tier Tribunal (FTT) - Property Chamber. FTT - Property Chamber may delay increases where tenants would face hardship. 
• Tenants may challenge proposed rent increases in APTs under section 22 and have the right to ask the FTT – Property Chamber for a review. 

ANTI-DISCRIMINATION RULES 

• New legal protection against discrimination where landlords cannot refuse a tenant based on benefits. However, landlords can still assess whether tenants can afford the rent by taking into consideration at their income, and capital. 
• Enforcement will be challenging (difficult to prove) because tenants initially bear the burden of proof until it shifts to the landlord to explain their actions. 
• Applies in Wales from June 2026. 

Image courtesy of http://oneofakindpets.com/

PETS 

• Tenants may request permission to accommodate a docile pet in writing within the property. 
  
• Landlords must respond within 28 days. 
• If further information is required, landlords must decide within 7 days of receiving it. 

TENANTS’ NOTICE TO QUIT 

• Tenants must give 2 months' notice instead of the current 1 month's notice. 
• Notice may be withdrawn if the tenant changes their mind. This is where tenants can revoke the notice before it expires or tenancy has legally ended. 

RENT IN REPAYMENT ORDERS (RROS) 

• Tenants can reclaim up to 2 years' rent for unlawful eviction or harassment instead of the current 1 year. 
• RROs are available for cases where landlords misuse Grounds 1 and 1A. This is where landlords claim to intend family to move in or to sell the property when they actually don't, then the landlord can be ordered to repay up to 1 year of rent. 

LANDLORDS' PENALTIES and LOCAL AUTHORITIES (LAs) POWERS

• LAs may impose fines from £7k up to £30k depending on landlords' breaches. 
• LAs may investigate and prosecute landlords inside and outside of their boroughs. This is where they can issue penalties for breaches and retain fines to fund PRS enforcement (e.g., staffing, inspections and database monitoring). 

PRS DATABASE & OMBUDSMAN 

• The national PRS database will launch later this year or by 2028. 
• The national PRS database is managed by the PRS Ombudsman. Landlords must register themselves and their properties. 
• The PRS database registration is subject to a fee. Failure to register or comply with PRS Database requirements can lead to civil penalties ranging from £7,000 to £40,000, or prosecution. 
• The national PRS database is accessible to the public where it will show, amongst others, landlords' information and breaches or offences. 
• The PRS Ombudsman will allow tenants and landlords to resolve disputes without court proceedings. This is where a formal dispute-resolution service is provided to investigate and resolve issues without the need for court proceedings. 

If you are PRS tenants on existing ASTs, it may be prudent to avoid escalating non-urgent disputes that might prompt landlords to serve a section 21 notice before the reform takes effect on 01st May 2026. This is because a valid notice before the Big Bang approach, landlords can still evict tenants under the current rules. 

If you are PRS tenants on existing ASTs, be aware that some landlords may issue “protective section 21 notices” ahead of the reforms. This is because “protective section 21 notices” served before that date remain valid under the current rules where landlords can still begin possession proceedings and evict tenants using the current rules. Thus, it allows landlords to preserve their ability to regain possession under the current, existing rules even after the Big Bang approach starts the abolition of the section 21 notice for existing ASTs. 

If you are PRS tenants on existing ASTs and have been served by landlords with an invalid section 21 notice before 01st May 2026, it cannot be corrected by serving a new notice under APTs. However, landlords can still issue a fresh section 21 notice on existing ASTs until the government activates the Big Bang approach. 

The above information reflects my understanding of the reforms. It is provided for general information only and should not be taken as legal advice. If you believe that any part requires clarification or correction, please feel free to contact me. Hence, it should not be taken as legal advice.

THE MISSING AND EVASIVE DRAWSTRING DUST BAG

 by: MisS VictoriA DaviD

Know your RIGHTS as a consumer! 

Communicating directly to the seller or a merchandiser is the straightforward and simplest way of disputing and settling an issue/problem. This can be executed verbally, either in person or over the phone, and/or in writing by sending an email or a private message. I always choose the latter as writing with an explanatory statement means you can set out your arguments in a black & white form. So, which one are you when the goods and services you just received are not as described or haven't met your satisfaction? 

Writing is easy but explaining clearly and plainly your thoughts in a statement can be challenging. Am I right, my dear? I have my own adapted method in order to give my formal letter some clarity and that is, by making a draft on scrap papers about the important bits. This will include the main problem(s), the dates and times of exchanged letters and the names of the correspondents. In this way, you will have a reliable guide on what you will just include in your formal complaint in order to build a strong case against the seller or merchandiser. Most of the times, an ad hoc communication to the seller works fairly well and will always favour the customer's solid arguments. Inevitably, there are instances in which the seller wouldn't like to comprehend what has been written in the complaint; that the buyer received unsatisfactory goods and services. Does it mean, the buyer's money will just go down the drain as well as having to put up with the faulty item? If this happens to you as a consumer, you will think of how one-sided, and unreasonable the seller or merchandiser are apart from provoking your annoyance. 

Cheer up buyers as every cloud has a silver lining... 

The Consumer Rights Act of 2015 aims to protect the buyer's confidence from the wrongful actions of (mostly abusive) sellers. If you think you still don't get a favourable response out of an ad hoc communication from the arrogant and adamant sellers, don't lose hope and belief in yourself. Its because, under the Consumer Rights Act of 2015 if there is a problem with the goods and services bought from the seller or didn't match the description of the item that was advertised, you can ask for a full refund or provide you with a replacement. If you think, you have given sufficient time for the seller to resolve your raised issue and yet still they haven't acted evenhandedly, Citizens Advice Bureau team will impartially guide you. The people behind their team will hear your side of argument first including what you have been doing regarding your complaint before they will finally give you reasonable advice to make a fair dispute with the seller. That is why, it is imperative that you will contact or communicate first directly to the seller or where you bought the item before you will ask the assistance of Citizens Advice Bureau's contingent team. 

A month ago I bought a Celine Multicolour Luggage Calfskin Lather Tote Mini. Actually, I published a written essay about it on here, too, at http://quidnuncqueen.blogspot.co.uk/2017/03/the-multicolour-in-me-celine.html. The description of the seller on the legitimate website of second-hand top of the range items, VestiareCollective, was exactly as she outlined on the description box and defined on the website's comment section. Personally, the bag was in a foolproof and splendid condition when I took it out of its personalised plastic carrier bag for the very first time. However, I was taken by surprise that the presence of its drawstring dust bag wasn't included in the box. I had paid the bill in full and was anticipating that after a month of waiting, everything would be included in the sealed box, delivered by their courier man. Actually, they have a unique quality control team who had 2-3 days to carry out a “100%” physical inspection of the bag and check that all accessories are included. Subjectively, I was flabbergasted given the fact that the seller on their website confirmed that there is a dust bag when I verified it on their comment section. Can you believe how thorough they are during physical check and inspection? 

On the day I received the sealed box from them, I sent right away an email to VestiareColletive and even a private message on their Facebook page regarding the missing dust bag. There were monotonic replies in which it implied they haven't read well my raised issue. One of their emails was written with arrogance which 'some' thriving companies have been practising to dismay the confidence of their buyers. Sadly, they barked up the wrong tree! 

I took the dispute personally...

I contacted directly on their website's comment box the main seller of the Celine Bag about the missing dust bag. We exchanged comments for some time and on the 07th of March, she verified again that she sent the dust bag together with the bag to the Head Office of VestiareCollective for “100%” quality control check and inspection. Which is why, on the 08th of March I took it up onto the next level and called the Citizens Advice consumer helpline on 03454 04 05 06 for helpful advice. My side of argument was heard by them and subsequently, they shared useful phrases for me to include in my complaint letter. A written statement formulated by myself using one of their template letters on

https://www.citizensadvice.org.uk/consumer/template-letters/letters/

which beyond any doubt summoned VestiareCollective to take an immediate action. 

On the 08th of March, I finalised my complaint from the Citizens Advice's website and downloaded a copy. I then sent the letter with attachments to VestiareCollective's email address as well as privately messaged them on Facebook. A day after, they replied to my complaint in which they stated in their written statement that their quality control has received the Celine dust bag and even had the bloody cheek to ask me if I would like to have it. What a stupid and ignorant question when the main reason of my complaint was to acquire the dust bag. Which is why when they offered me a voucher gesture of 20 euros on my next order, I DECLINED as all I wanted was the dust bag.

On the 10th of March and after 8 days of battle with VestiareCollective, they finally shipped over from France to the United Kingdom the missing and evasive Celine drawstring dust bag. Which would arrive on Monday as per the shipment's detailed report and a sent text message.

I love writing and that is why I don't feel the apprehension in communicating and explaining to the seller or merchandiser when something fishy has been happening to my purchased item. If I were to brag I would say, it's no longer new to me and winning a dispute objectively makes me ecstatic. Generally speaking, presenting my arguments in a form of letter has been my tenacious weapon, as long as it has the facts and my points of view along with the supplementary proofs and evidence. With this approach, a complaint will have more credence and not just a  vague whim!

*Photo Courtesy of https://www.citizensadvice.org.uk/consumer/template-letters/letters/