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Local authority evictions

Applications for legal aid to defend proceedings taken by a local authority on foot of section 62 of the Housing Act 1966, as amended by the Housing (Miscellaneous Provisions) Act 2014, to have a tenant ejected / evicted from the premises are proceedings that concern rights and interests in or over land are not within the scope of civil legal aid, unless any of the exceptions in Section 28(9)(c)(i)-(iii) apply. 

The process set out in section 62 of the 1966 Act as amended introduces a ‘tenancy warning procedure’ that allows a local authority to issue a tenancy warning where in the opinion of the authority, the tenant or a member of his or her household has breached a specific term of the tenancy agreement. The recent amendments provide for different recovery methods depending on whether the property has been abandoned, there are allegations of anti-social behaviour, there are alleged arrears of rent or where on the death of the tenant an application by a resident in the household to succeed has been refused.

Instituting or defending ejectment proceedings is not normally in the scope of civil legal aid.