Emmersons Solicitors

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Apparently there are a million houses not fit for human habitation, owned by private landlords. This is not news. Various reports have highlighted the issue.
The Government wishes to reduce access to legal aid. People who live in such awful conditions need access to money so they can pay a Solicitor to seek redress and if necessary fight for compensation.
Here's what the Government says in its Green Paper

We also consider that funding is justified for serious housing disrepair cases where the litigant is not primarily seeking damages, but is seeking a repair of such significance that without it the life or health of the litigant or their family may be at serious risk (such as the repair of gas equipment). Given the risk to health in these serious disrepair cases, we propose too that legal aid is justified for these cases.

If The Government is intent on changing the look and feel of legal aid then instead of adding in extra hurdles before legal aid can be granted-what does "a repair of such significance" actually mean?- I would suggest taking the Government and the Legal Services Commission out of this area (ie Housing Disrepair) altogether. I would also suggest that Local Authorities be paid 50% of all fines recovered arising out of their successful enforcement of housing repair regulations (just like the Police and HMRC in POCA proceedings).

Perhaps private landlords should pay into a scheme, administered by The Law Society, which will help fund cases for housing disrepair. If a percentage of damages paid out are also paid into the fund and if fees are fixed (as in Road Traffic cases) then there is certainty for all parties.
Failure by a landlord to pay into the scheme would result in a fine and an order for contribution to the scheme. Persistent re-offending would result in a criminal charge. Landlords would then realise the importance of making repairs. If they continue so to do then I propose a forced sale of the miscreant landlord's property.

If the Government is going to cut legal aid then it has to think of new ways to fund access to Justice-not propose partial funding in certain circumstances.

There needs to be a wholesale review of the justice sytems, of how they are funded and how access to advice and representation is funded.