This checklist is intended to set out, based on our experience, what information/documentation should be provided in order to make it easier for the Agency to make a decision at the first time of asking and to reduce unnecessary requests for further information.
It is not an exhaustive list, as it cannot cover every eventuality, and should be read alongside the Merits Criteria Regulations and the Lord Chancellor’s Guidance.
All cases
Relevant details of case with clear timeline.
Possession
Set out the grounds upon which possession is sought and the basis of the client’s defence and/or counterclaim. If possession sought on the basis of arrears, what is the extent of the arrears and what caused them to accrue.
- If there is a counterclaim, does it relate to the grounds for possession? If c/claim for disrepair to offset arrears, provide details of disrepair.
- S.21 Accelerated procedure – set out complexities of case that justify representation.
- If relying on case law, identify case and how it applies to client’s case.
Homelessness
Provide relevant history to current application, with clear timeline. Provide copies of the S.184 decision, any S.202 representations and the S.202 review decision. If Counsel’s Opinion has already been obtained, please provide a copy. If cover is requested solely to obtain Counsel’s Opinion, please set out the proposed grounds upon which the appeal is to be made.
Judicial review
Relevant history, with a chronology of events, a copy of the decision to be challenged (or full details of the omission, if no formal decision under challenge). Please provide a copy of the letter before action and any response from the proposed defendant (if any). If Counsel’s Opinion has already been obtained, please provide a copy. If cover is requested solely to obtain Counsel’s Opinion, please set out the basis of the proposed grounds challenge.
Unlawful Eviction
The question of CFA availability must be addressed (you may consider it is not suitable, but it must be spelled out, and your attempts to obtain ATE detailed). Please provide details of the actions taken by the landlord, confirm whether client seeks to return to the property and, if not, estimate the value of the claim.
ASBCPA
Provide details of the incidents alleged and client’s response to the majority of, and certainly the most serious, incidents – a blanket denial of the allegations is not enough.
Provide details of any mental health/capacity issues, and the question of any vulnerability issues on the part of the client. If appropriate, address the scope of the injunction sought and, in particular, any geographical exclusions and how they will impact client.