ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 35: Risk to health or safety in rented home
930.Paragraph 35 relates to housing disrepair cases where there is a serious risk to the health or safety of the individual or a family member in occupation.
931.Sub-paragraph (1) brings within scope of civil legal aid services provided to a person seeking the removal or reduction of a serious risk to their (or a family member’s) health and safety where the serious risk arises from a deficiency in the person’s rented or leased home and the civil legal services are provided in order to ensure that the landlord acts to address the risk. Consequently, in accordance with the proposals in the response to the consultation paper Proposals for the Reform of Legal Aid in England and Wales, it is intended that legal aid will be available for serious disrepair cases where a person is primarily seeking to remedy the disrepair rather than claiming damages
932.Paragraph 35 is subject to the exclusions in Part 2 of Schedule 1, except the exclusions in respect of damage to property and a claim in tort in respect of breach of statutory duty. It is also subject to the exclusions in Part 3 of the Schedule.