Litigation procedures are not something that social housing landlords want to devote a lot of time and energy to, but they are often a necessary part of the profession.
When tenants breach their legal responsibilities, social housing landlords will have to take legal action, and this often results in cases being considered by the County Courts.
In what is being heralded as “the most consequential judgment for legal services in recent history”, the Mazur judgment has now been overturned, so it is worth understanding what this means for social housing landlords going forward.
What is the Mazur judgment?
The Mazur judgment, so named after the case that defined it, established a legal precedent where unauthorised individuals were not permitted to carry out tasks involved in taking legal action, even under supervision.
The Chartered Institute of Legal Executives (CILEX) launched an appeal of the decision due to a firm belief that the work of unauthorised individuals was valuable for the individual cases and for the health of the legal profession more generally.
In a ruling hailed as a “common-sense judgment” by CILEX, the Court of Appeal overturned the ruling and reinstated the ability for unauthorised individuals to lawfully perform such tasks “for and on behalf of an authorised individual,” including solicitors or authorised legal executives.
How will the ruling impact social housing landlords?
With your own legal team once again able to utilise the full power of your staff, it should restore efficiency to the litigation process.
The level of clarity brought by the ruling means that legal teams can act with confidence, knowing that there are now clearly defined ways of enlisting the assistance of paralegals to support the process.
The Court clarified that when an unauthorised person has a task delegated to them, the law will still view the authorised person as conducting the litigation. If the litigation is not being conducted by an unauthorised person on behalf of an authorised individual, then that will be considered an offence.
For social housing landlords, it is not uncommon to have unqualified staff working in-house to assist with litigation proceedings. Where these team members may have been needlessly reigned in due to the Mazur judgment, they are once again free to conduct vital work.
The ruling should clarify the scope in which paralegals and other legal executives can operate without crossing a line into noncompliance. We hope that this ruling will empower social housing landlords to manage litigation proceedings as they arise and stand ready to assist with any legal matters.
Where your unqualified in-house staff need assistance and guidance, we can provide it while also ensuring that your legal rights and responsibilities are observed and maintained.
To learn more about what your in-house teams are able to do or for help with litigation proceedings, speak to our team today.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at April 2026.