Advice and representation
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
Going to court is often complicated and can be stressful. Getting proper legal advice and help at court can help you through the process and may increase your chances of getting the outcome you want.
Getting advice
If you are thinking of going to court with your case, get advice about whether court action is the best option and, if so, how you should go about it. Some cases may be fairly straightforward but many are very complicated and special procedures must be followed, so you will almost certainly need help.
You can contact Shelter's helpline or Community Legal Advice helpline on 0845 345 4 345 for initial advice, or use our directory to find an advice centre in your local area.
If someone else (eg your landlord or lender) starts a case against you, or you get a letter from the court or from the other party that you don’t understand, get advice immediately about what to do. This is especially important if your home is at risk - you may not have much time to take action.
Who can advise you?
Friends or family can help you find a good adviser, and perhaps help you with writing letters or organising papers. But they probably can’t give you proper legal advice about your rights, as every case is different.
Community advice centres, neighbourhood and estate offices can help you find advice and information about going to court. However they can’t normally give advice on legal issues.
Websites, newspapers and books may be a good source of information. However, not all websites and books are reliable or up to date. Check information with reliable sources, like Shelter, and get advice if you need it.
Staff at the court can tell you about forms, fees and court procedures, although they can’t advise about your case. And just because the court accepts your forms, this does not mean that you have a good case.
Charities like Shelter, Citizens Advice and law centres can advise you about your case, free of charge. But they all have limited resources so you may have to wait for an appointment. Make sure you get the most from your appointment by sorting out your papers beforehand. Use our directory to find free advice centres in your local area.
Alternatively, solicitor can advise you about your case. See below for further information.
Getting represented
Get representation before you go to court if your case:
- is complicated
- involves a lot of money, or
- may result in you losing your home.
Even if you are represented, you will have to work on your case and go to court hearings – but your solicitor or adviser will be able to guide you through the process, telling you what you need to do and when.
Representation at court
There is nothing to stop you putting your own case in court. Often this is best in simple cases, and it may be your only option. Please see the section on what happens in court for more information.
If you have already organised representation, you will be represented by a solicitor or a barrister. For some hearings an employee of the solicitor, who is not a qualified solicitor, may represent you.
Even if you haven’t arranged representation by the time you arrive at court, but you decide at the last minute that you want to be represented, it may not be too late:
- A 'duty solicitor' or 'duty adviser' may be available at court if there is a possession case against you. The service is free of charge, but you will have to wait your turn. Make sure you get the best advice by sorting out your papers beforehand. You can use the National Homelessness Advice Service (NHAS) website search facility to check whether there is a duty advice scheme in your area.
- A 'McKenzie friend' is a person that you take to court to help you, and who is not legally qualified. You might take a friend, relative or community leader. S/he can’t charge you, but you can pay travel expenses.
It is up to the judge whether the McKenzie friend is allowed into the court, but usually the McKenzie friend is allowed to take notes, help you with papers, and generally support you. Sometimes the judge will let the McKenzie friend speak for you, but the judge won’t necessarily allow this.
If you are not represented and there is some reason why you must have help in court, for example you have a hearing disability, or you cannot speak English, tell the court in advance. The judge may make a ruling before the hearing that you will be allowed to have a McKenzie friend.
Getting a solicitor
There are different kinds of solicitors, who specialise in different kinds of work - eg housing or family law. Some work on their own, but often solicitors will work together in a ‘firm’. Solicitors in the same firm will often do different kinds of work – for example, one might help clients to buy and sell houses, another defend alleged criminals, and another handle divorces.
When choosing a solicitor:
- Rely on a personal recommendations, especially from a law centre or advice centre.
- Advice centres and courts usually keep lists of local solicitors, often showing what kind of work they take on.
- Contact the Law Society or look on its website for information about local solicitors and what they do. The Law Society has ‘panels’ of solicitors who have particular expertise in their area of work.
- Use the Legal Adviser Finder online directory of solicitors.
- If you a have been injured, there are many organisations and solicitors advertising for your work. Their quality varies, and the only scheme approved by the Law Society is Accident Line.
- You may have to contact a few solicitors before you find one who can help you, so phoning around is sensible. You’ll have to explain your case, including the date of any court hearing. Ask about the solicitors’ charges and legal aid. Many solicitors don’t do legal aid work at all.
Paying for advice and representation
Always be sure to ask exactly what you will have to pay for, if anything, before someone takes on your case. Bear in mind that:
- most solicitors charge for their time
- charities like Shelter, Citizens Advice and law centres may be able to help you for free - use our directory to find agencies like these in your local area
- solicitors and local advice agencies may also have legal aid contracts, which means that they can take on your case if you are eligible for legal aid.
For more information, please the section on legal costs.
