Facts
The tenant [A.] filed various claims with the Conciliation Authority for Tenancy Matters of the District Court of Uster, including the determination of the nullity of a termination of the tenancy agreement. At the same time, she applied for free legal aid and free legal representation. The Conciliation Authority rejected the request for free legal representation, as the proceedings had not been particularly complex and the tenant would have been able to assert her rights without legal representation. The District Court of Uster, as the appellate instance, confirmed this decision.Considerations
The Federal Court considers the rejection of free legal representation to be lawful. According to the case law, there is a right to free legal representation only if this is necessary to safeguard the rights of the indigent party. In the present case, this was not the case, as the landlord apparently had not taken any concrete steps to enforce the termination and the legal issues…