The Law Society has issued a stark warning that tenants could face homelessness without access to free legal advice, particularly in light of the new Renters’ Rights Act. With a significant portion of England and Wales lacking housing legal aid providers, the Society emphasises the urgent need for accessible legal support to uphold tenants’ rights and prevent housing insecurity.

Free legal advice essential under new legislation

Mark Evans, president of the Law Society of England and Wales, highlighted the fundamental importance of a safe and stable home for everyone. He stated, “If our government truly believes in acting for the common good, they must guarantee that all of us, no matter where we live or how much money we have, have what we need to access justice.”

Evans pointed out that the Renters’ Rights Act, which ended ‘no-fault’ evictions, creates a more balanced relationship between tenants and landlords. However, he stressed that these rights will only be meaningful if tenants have free legal advice to challenge landlords who fail to comply with the new rules.

Legal aid shortages threaten housing security

The Law Society’s research reveals that 41% of people in England and Wales do not have a housing legal aid provider in their area. This shortage is critical as legal aid can be the deciding factor between maintaining a home or facing homelessness.

Evans noted a worrying decline in the number of legal aid firms able to assist families at risk of eviction, despite increasing demand. He acknowledged the UK government’s recent pledge to raise fees paid to housing legal aid providers—the first significant increase since 1996—but warned that this has yet to be fully implemented and will have limited long-term impact without ongoing investment.

“Without a commitment to ensure the sustainability of these vital public services through regular investment, more local legal aid provision will be forced to shut down,” Evans said, underscoring the risk of further reductions in legal support for vulnerable tenants.

Implications of recent government measures

The Law Society’s concerns come amid the government’s announcement of a £47 fee for tenants wishing to challenge rent increases through the first-tier property tribunal. Under the Renters’ Rights Act, any tribunal decision upholding a rent increase takes effect from the date of the ruling, not from when the landlord first served notice. This means even unsuccessful challenges can delay rent increases for months, creating uncertainty for landlords.

These developments highlight the complex balance between protecting tenants’ rights and ensuring landlords can manage their properties effectively. The Law Society’s call for accessible legal advice aims to support tenants in navigating this evolving legal landscape while preventing homelessness.

What this means for landlords

For landlords, the emphasis on free legal advice for tenants signals a shift towards greater tenant protections and legal scrutiny of eviction processes. While this may introduce additional challenges in managing rent increases and evictions, it also encourages compliance with the Renters’ Rights Act and promotes fairer landlord-tenant relationships.

Landlords should be aware of the potential for delays in rent adjustments due to tribunal challenges and the importance of adhering strictly to the new legal framework. Supporting tenants’ access to justice ultimately contributes to housing stability and reduces the risk of disputes escalating to homelessness.

Source: Based on reporting from Property118

TLA Training Academy

The Landlord Association has launched its new Training Academy for UK landlords, providing structured guidance, compliance education, and practical knowledge to support landlords at every stage. Members can now complete the programme and become TLA Certified Landlords at no additional cost as part of their membership.

Landlords can explore the Academy here: https://landlordassociation.org.uk/tla-academy/

Those looking to join and access the full training and certification can register here: https://landlordassociation.org.uk/landlord-association-membership-uk/

TLA update

The Landlord Association is currently onboarding new service providers into its Trusted Partner Hub, a new initiative designed to support landlords, tenants, letting agents, and property managers with vetted, high-quality services. As one of the fastest growing landlord associations in the UK, TLA offers partners direct access to an engaged and active member base at the point of need. Service providers across legal, maintenance, insurance, finance, mortgages, tenant screening, and property services can register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/