4 - Pathways Through the AJS: Housing

Summary

Introduction

This chapter explores the pathways to redress for housing problems available to people guided by (the ideal case) help-seeker journeys. This helps us to understand how access points have been compromised and which pathways to justice are difficult to negotiate or blocked (Genn 1999; McKeever et al 2018). In this context, we look at the Housing Ombudsman and the Property Chamber that provide redress for housing problems. These AJS institutions do not typically interact with one another, although some progress was made during the pandemic to develop a relationship.

In this chapter we build on the outline of the legal/policy context of housing in England. First, we present the ideal case help-seeker journey for those in need of support for housing problems using the map we have developed. Then, we will draw on interviews with advice sector professionals, judges, case handlers and users to show how the help-seeker journey unfolds in reality.

Pathways to resolve grievances: ombuds and tribunals

Housing problems can be varied and complex. The scope of our project limits these to the housing issues that the Housing Ombudsman and the Property Chamber deal with. They can relate to residential property, land registration and agricultural and drainage matters. Common housing issues include but are not limited to: residential property: repairs and tenant behaviour; land registration matters – disputes over a change to the land register; agricultural land and drainage matters – disputes between agricultural tenants and landlords in relation to certain farming tendencies.

An area of overlap in jurisdiction to mention here briefly are the County Courts. They are currently being reformed and have a similar jurisdiction to the Property Chamber. The County Courts deal with civil (non-criminal) matters. It is important that users, who are similar to the users of tribunals, do not have differing journeys. As a matter of policy, it may be that the way in which County Courts deal with possession cases will change, perhaps within the next two years, because the ‘Renters Reform Bill’ (Department for Levelling Up, Housing and Communities 2022) is about to be introduced.