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Liverpool lawyer welcomes reform proposals on housing disputes
28/05/2008

A Liverpool lawyer specialising in housing disputes has welcomed proposals for reform by an independent legal body.

Jane Lake, a partner at Brabners Chaffe Street, believes the Law Commission`s consultation on housing dispute resolution will hopefully lead the way in tackling the heart of the issue, namely that of `referral fatigue`.

She commented: "Through regular contact with housing associations, I am often aware of disputes being prolonged and accumulating significant legal costs because individuals are constantly being passed on through various bodies and individuals due to a lack of understanding of the issues involved.

"For example, there can be many reasons for a tenant in social housing not paying rent, with mental health issues, language difficulties and the failure of the housing benefit system being just three.

"The Law Commission`s recommendation to create an infrastructure that would significantly improve initial diagnosis of problems is therefore very welcome."

The Law Commission`s proposals for reform on housing disputes are based on a `triage plus` system, which comprises improvements in initial diagnosis and referral, intelligence gathering and feedback.

Martin Partington, who was in charge of the project, said: "Dispute resolution is an area in need of repair. We believe that use of mediation, ombudsmen and complaints procedures should be actively encouraged. Recourse to courts and tribunals should be a last resort."

Central to the proposals is the recommendation that disrepair and park home cases should be transferred from court to the Residential Property Tribunal Service, with the transferring of further cases being a long term goal.

Jane Lake said that, in many cases, intelligence gathering and preventative measures are effective within many housing associations already, and the Law Commission`s proposals would hopefully formalise these systems to relieve this strain.

She added: "It is definitely the case that in many problematic areas, causes rather than effects are being targeted. But a more joined up approach is definitely required, and the proposed reforms to point to a more positive approach in this respect.

"A reappraisal of the funding process for legal aid may also be required to ensure that individuals involved in disputes have the opportunity to gain legal advice at the very earliest stage."


For further information contact Jane Lake at Brabners Chaffe Street on 0151 600 3000

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