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Wednesday, 3 October 2023

Housing advice – how to get free legal help in court

If you are facing repossession or eviction, make sure you attend your court hearing to increase your chances of keeping your home. If you haven’t received any advice before the hearing, find out how to get free legal representation in court on the day.

Get free legal advice on the day of your court hearing

You can get free legal advice and representation in court on the day of your hearing under the Housing Possession Court Duty scheme. The scheme can be a source of last minute help if you haven’t received legal advice before the hearing. It is provided in county courts in England and Wales.

You can get help, whatever your financial situation, if you are either:

  • a tenant facing eviction
  • a mortgage holder, including holders of second mortgages, facing repossession

The scheme provides you with a specialist adviser on the day of your hearing who can:

  • give you free legal advice on your case
  • represent you at the hearing
  • help you explain to the judge why you haven’t made your mortgage or rent payments
  • help you negotiate an arrangement with your mortgage lender or landlord to pay off your debts

Contact information about the scheme

To find out more about the scheme 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.

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, or contact Community Legal Advice.

It’s better to seek advice before the hearing

It’s likely the court desk, where you get help from the advisors, will be very busy. If you can, seek legal and money advice before the hearing. This will give you much more time to get your evidence together and you’ll have a better chance of keeping your home.

The paperwork you receive from the court about your hearing will include a list of local agencies that may be able to give you advice before your hearing. Or, see ‘Mortgage advice – who to see and what to take’ for a list of independent money advisers and their contact details.

For specialist, confidential legal advice and help with finding a legal adviser, contact Community Legal Advice.

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