Housing possession in the time of pandemic: part 2

Abstract

The response to the COVID-19 pandemic in housing possession cases in England and Wales formed the subject of an article (known here as ‘Part 1’) in an earlier volume of this journal. Having offered a summary of the measures introduced, including the ‘Overall Arrangements’ (OA), Part 1 concluded that, compared with the pre-COVID process, there was ‘much to commend the new arrangements’. The opportunity for the defendant to obtain legal advice at an earlier point in the process, enhanced opportunities for pre-action negotiation and an increase in the time allocated to substantive hearings held the potential to avoid ‘unnecessary’ court hearings. Ultimately, however, the conclusion was that, while the measures bode well, it was necessary to await further research before an assessment of their effectiveness could be undertaken.

Based on a nine-month investigation into the operation of the OA, generously funded by the Economic and Social Research Council, this article (Part 2) is now able to offer that assessment. It does so by supplementing existing research with original first-hand accounts from those most closely associated with the possession process, namely, occupiers, debt advisers, landlords (private and social), legal practitioners (who represent landlords and mortgage lenders) and Housing Possession Court Duty Scheme (HPCDS) providers. What the findings reveal is that some, but certainly not all, of the temporary measures introduced between March 2020 - November 2021 could prove useful in assisting the civil justice system in meeting the challenges posed by the impact of the COVID-19 pandemic.

More information

Identifiers

ORCID for Lisa Whitehouse: orcid.org/0000-0002-6760-1818

Catalogue record

Export record