Housing court duty scheme: what it is and how to use it

If you have a possession hearing coming up and you do not have a solicitor, the housing court duty scheme can provide you with free advice and representation on the day of the hearing. Here is how it works and what to do.

What is the housing court duty scheme?

The housing court duty scheme (also called the housing court duty adviser scheme or duty solicitor scheme for housing cases) provides free legal advice and representation at county courts for tenants who are facing possession proceedings.

The scheme is run by various legal aid providers and advice agencies at courts across England and Wales. On the day of your possession hearing, there is typically a housing adviser or solicitor available at the court who can speak to you before the case is called.

What can the duty adviser help with?

On the day of the hearing, a duty adviser can:

• Review your case and identify any defects in the notice or the possession claim
• Advise you on whether you have a defence
• Speak to the landlord's solicitor to try to negotiate a compromise
• Represent you in front of the judge
• Help you apply for an adjournment if you need more time
• Explain what a possession order means and what your options are

The duty adviser can also identify if you have a counterclaim for housing disrepair, which could affect the outcome of the possession hearing.

Is the duty scheme free?

Yes. The housing court duty scheme is funded through legal aid and is free of charge to you regardless of your income. You do not need to be assessed for legal aid eligibility to use the duty scheme on the day.

Where is the duty scheme available?

The duty scheme is available at county courts that handle possession cases. Not every court has the scheme, and availability can vary by day. To find out if it is available at your court:

• Contact the court directly and ask if a housing duty adviser will be present on the day of your hearing
• Contact a local Citizens Advice, law centre, or housing charity who may know whether the scheme operates at your local court
• Check with Shelter or a local legal aid solicitor

What should I do on the day?

Arrive at court early, at least an hour before your hearing if possible. When you arrive:

1. Tell the court staff you are the tenant in the case and ask if a housing duty adviser is available
2. Look for a desk or notice at the entrance advertising the duty scheme
3. Speak to the duty adviser as early as possible to allow time for them to review your case before the hearing

Bring with you:

• A copy of any notice you received (Section 21 or Section 8)
• A copy of your tenancy agreement
• Any correspondence with your landlord about repairs or other issues
• Evidence of deposit protection and any documents your landlord should have served on you

What if there is no duty adviser?

If there is no duty adviser at your court on the day, you can still:

• Speak to the court staff and ask for the case to be called last, giving you more time
• Ask the judge for an adjournment if you need more time to get advice
• Represent yourself, the judge will take account of the fact that you are not legally represented

Contact a law centre, Citizens Advice, or housing charity as soon as possible if you have a hearing coming up and cannot get advice in time.

Disrepair and possession hearings

If your landlord is trying to evict you and there is disrepair in your home, a duty adviser can help you raise this as a counterclaim or as a relevant factor in the case. Disrepair may not stop a possession order but it can affect the outcome, including whether a possession order is delayed or whether compensation is awarded.

When should I contact Support for Tenants?

If your home has disrepair that your landlord will not fix, call us on 0800 030 4669. We can advise on whether you have a disrepair claim even if you are also dealing with a possession claim.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legislation.gov.uk)
• Civil Procedure Rules, Part 55 (possession claims) (justice.gov.uk)

Related articles

• Defending a possession claim as a tenant
• What happens at a possession hearing?