Legal Standing & Advocacy Framework

Understand your rights as a tenant and the legal standing of advocacy in housing matters within England and Wales, ensuring you know your entitlements and how we can support you.

Your right to choose an advocate

As a tenant, it is crucial that you understand your rights and the support available to you. Midvale Housing Advocacy Service is dedicated to upholding these rights and providing effective advocacy.

Ensuring Authorities Act

We work to make sure the correct authorities take action when tenants are at risk.

We liaise with landlords, councils and trading standards to address unsafe housing, landlord disputes and unlawful eviction attempts.

Our role is to champion tenant rights and push for accountability. 

Improving Housing Standards in Torbay

Independent scrutiny is essential to help Torbay Council meet its duties and support vulnerable residents.

Three areas need focused improvement.

1. Housing Enforcement: 

Serious housing hazards are not being resolved quickly enough.

Clearer action plans and stronger progress tracking are needed.

2 . Administrative Consistency:

Formal notices and communication must be accurate and timely.

Better quality control and clearer updates would improve trust. 

3 . Multi Agency Cooperation:

Complex cases need joint working.

Housing teams, mental health services and local support networks must be consulted before major decisions are made.

 

Statutory authority for non regulated advocacy

The Complaint Handling Code 

Requires landlords to accept authorised representatives, to communicate with them in a timely and professional manner, and to avoid any behaviour that obstructs or undermines the representative role.

The Housing Ombudsman

Explicitly confirms and enforces this position. Under the statutory Complaint Handling Code, landlords are legally required to accept authorised representatives and must communicate with them in a timely, accessible, and professional manner. Ombudsman guidelines dictate that residents must not be discouraged, pressured, or penalised for choosing to utilize an advocate or representative.  

​The Consumer Rights Act 2015

Further reinforces these protections. Because tenants are consumers of housing services, landlords and letting agents are legally bound to act fairly and transparently. Refusing to deal with an authorised representative, or pressuring a tenant into dealing with management directly, undermines consumer protection principles and may be viewed as an unfair practice. Furthermore, the Act mandates that all housing services must be carried out with reasonable care and skill.

Homelessness Code of Guidance (statutory guidance)

  • Chapter 19, Section 19.16: Applicants have a statutory right to be assisted by a representative or advocate of their choice.
  • Chapter 19, Section 19.17: Local authorities are instructed to communicate directly with the chosen advocate.

Professional Standards & First Action Protocols

​Under established first action protocols for housing disputes, the role of independent advocacy is recognised as a critical first step in dispute resolution. These protocols mandate that landlords acknowledge and engage with the tenant's appointed representative to avoid unnecessary escalation.

Citizens Advice (CA) Service Standards

​The use of non solicitor specialists is a standard industry practice for complex housing litigation support. Independence and "Equality of Arms" are the primary objectives of such representation.

Equality of Arms (ECHR Article 6):

CA operations are rooted in the principle that all parties must have equal access to the justice system regardless of their ability to pay. This principle ensures that one party is not disadvantaged from the outset of a civil dispute.

Specialist Support:

The CA network utilises non-solicitor specialists and trained advisers to handle complex cases, including representing clients at tribunals.

Independent Advocacy Standards:

Professional advocacy within this framework is defined by four core principles:

1, ​Independence:

It is as free as possible from conflicts of interest.

2,​ Person Centred:

Advocacy puts the needs and choices of the individual first.

​3, Accountability:

Services must be transparent and answerable to the people they support.

​4. Accessibility:

Support is designed to be available to those facing systemic barriers or prejudice.

​Empowerment and Trust:

The standards emphasise that advocacy is a "vital source of support" that nurtures trust and empowers vulnerable individuals to express their views to decision makers.

Pre Action Engagement:

Advisers frequently intervene by speaking directly to landlords or local authorities to resolve issues (such as homelessness or rent arrears) before they escalate to court.

​Alternative Dispute Resolution (ADR):

National standards encourage resolving problems through mediation or negotiation classified as non reserved legal activities before pursuing judicial options.

The McKenzie Friend Doctrine

​Recognised by the Courts as a fundamental right for litigants to receive assistance from a layperson to navigate legal processes and ensure fair treatment against corporate entities.

Common law right to representation.

This means a tenant may choose any person they trust to act or speak on their behalf in housing matters. This right does not depend on qualifications or professional status; it is rooted in long-standing common law principles of agency and the lawful right to appoint a representative.

Legal Services Act 2007

​Activities such as providing housing advice, managing correspondence, and attending property inspections are non-reserved legal activities. They do not require SRA registration or solicitor qualifications.