Legal assistance for tenant acquisitions HA 1988 s. 107
The Housing Corporation may fund or arrange legal help for tenants involved in proceedings about housing acquisitions under HA 1988 s. 107.
On an application by the tenant of a dwelling-house who is a party or a prospective party to proceedings or prospective proceedings falling within subsection (2) below, the Corporation may give assistance to the tenant if it thinks fit to do so— on the ground that the case raises a question of principle; or on the ground that it is unreasonable, having regard to the complexity of the case, or to any other matter, to expect the tenant to deal with it without assistance; or by reason of any other special consideration. The proceedings referred to in subsection (1) above are— proceedings to determine any question arising in relation to an acquisition or proposed acquisition under this Part; and proceedings to determine any dispute arising after an acquisition under this Part between a transferred tenant of a dwelling-house included in the acquisition and the body by which the acquisition was made; and for the purposes of paragraph (b) above a tenant of a dwelling-house is a transferred tenant of it if he was the qualifying tenant of it at the time of the acquisition or is the widow or widower of the person who was then the qualifying tenant of it. Assistance given by the Corporation under this section may include— giving advice; procuring or attempting to procure the settlement of the matter in dispute; arranging for the giving of advice or assistance by a solicitor or counsel; arranging for representation by a solicitor or counsel, including such assistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings; and any other form of assistance which the Corporation may consider appropriate; but paragraph (d) above does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any proceedings. In so far as expenses are incurred by the Corporation in providing the tenant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by rules of court) shall constitute a first charge for the benefit of the Corporation— on any costs which (whether by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the tenant by any other person in respect of the matter in connection with which the assistance was given; and so far as relates to any costs, on his rights under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings; but subject to any charge under the Legal Aid Act 1988 and to any provision of that Act for payment of any sum to the Legal Aid Board.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 107 allows the Housing Corporation to grant legal assistance to a tenant of a dwelling-house who is involved in legal proceedings concerning housing acquisitions under Part IV of the Act.
Assistance may be granted if the case involves a question of principle, if the complexity makes it unreasonable for the tenant to proceed without help, or due to other special considerations. Assistance can include advice, settlement negotiations, and arranging representation by a solicitor or counsel.
Where the Corporation incurs expenses in providing legal help, it holds a first charge over any costs payable to the tenant or any settlement sum, subject to any charge under the Legal Aid Act 1988.
When it applies
- A public sector tenant requires legal representation during court proceedings concerning a proposed housing acquisition under Part IV.
- A transferred tenant faces a legal dispute with the acquiring body after the acquisition of their property has completed.
- A tenant applies for financial assistance with legal costs because their acquisition case raises a complex question of legal principle.
What this section does not say
- Standard private tenancy evictions or rent arrears disputes (governed under Part I of the Housing Act 1988).
- General applications for public legal aid outside housing acquisition disputes.
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This page reproduces the text of HA 1988 s. 107 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.