Provide specialist housing legal advice and progress cases with clients
Overview
This standard is about the provision of legal advice in relation to a broad range of housing issues. You will establish clients' needs and expectations of services, research information which is relevant to their situations and provide them with appropriate and accurate legal advice. This includes advising clients on complex areas of law. You will also know how and be able to prepare and present cases in formal or informal hearings.
Performance criteria
You must be able to:
communicate with the client in a manner appropriate to their
understanding and needs
- explain to clients the services that you can offer in line with their
requirements
- check that clients understanding of legal advice services is
consistent with information you have provided
- agree further actions and any immediate action with clients in line
with their requirements, including:
4.1 procedures
4.2 responsibilities
4.3 time limits
- analyse available client information to assign relevance to their case
in line with your professional judgement
- review and check sources of information to assess applicability to
clients situations
- analyse information received from clients and the research process
to formulate options in line with clients needs
- present clients with information and possible options for action in line
with organisational requirements
- advise clients on the implications of possible options in line with
organisational requirements
- check clients understanding of the advice offered in line with
organisational requirements
open client case files in line with organisational procedures
design an action plan with clients in line with organisational
processes, and agree roles and responsibilities for progressing actions
progress actions on behalf of clients in line with agreed timescales
evaluate case progress against milestones and outcomes in line
with organisational procedures
- progress case outcomes to conclusion in line with organisational
requirements
- record client details and agreed actions in line with organisational
requirements
Knowledge and Understanding
You need to know and understand:
You need to know and 1. how to adapt communication styles in ways which are appropriate to
the needs of the client
legislation, case law and guidance in your jurisdiction relating to
statutory housing allocation
types of tenancies in your jurisdiction and rights and responsibilities
under each
how to distinguish between a licence, a tenancy and excluded
occupiers
the definition of the terms contractual and statutory, periodic and
fixed term in relation to licences and tenancies
types of letting in your jurisdiction
rights and responsibilities of landlords and occupiers under different
types of lettings
how to identify licences and tenancies
the importance of dates when tenancies were created
considerations around:
10.1 protected and regulated tenancies
10.2 tied and agricultural tenancies
10.3 housing co-operative tenancies
10.4 service occupation
10.5 around long lease holders
10.6 ending tenancies
housing standards which apply in your jurisdiction
responsibilities around housing standards enforcement action
how to take enforcement action in relation to:
13.1 housing disrepair protocol and its application
13.2 environmental protection
13.3 health and safety regulation
13.4 local authority regulatory framework
the grants available for improvement and repair of properties
key rents and service charges for different types of tenancies
considerations in relation to statutory housing allocation, including:
16.1 how to challenge decisions to exclude or suspend priority
16.2 how to interpret relevant legislation and case law
16.3 how to recognise where there are grounds for judicial review
16.4 the use of ombudsman
the procedural & substantive defences to threatened eviction for
mortgage repossession and possession proceedings involving tenants
or other occupiers
possession cases involving mortgage possession, public sector rent
possession, private sector assured shorthold, tenants of mortgaged
landlords, licences and others
how to recognise valid notices and possible consequences
mandatory and discretionary grounds for possession
how to negotiate settlement priority to court action
how to recognise notice, possession, orders and warrants and their
implications for clients
possession procedures for owner occupiers
how to recognise when there are grounds for defence
how to prepare defence forms
the powers of courts within hearings about possession
how to represent clients in court
the consequences to security of tenure of breaching a suspended
possession order
the powers of the court in relation to possession
accelerated possession procedure and its use
time limits for appeals in relation to possession
how to prepare defence forms and draft applications to suspend
warrant of possession
rights and entitlements in relation to eviction in different
circumstances
the role and responsibility of Social Services in relation to housing
young
people leaving care and homeless 16 and 17-year olds
housing rights and entitlements in the event of relationship
breakdown
types of housing options including community care available for
older people