Informed Non-Use: The Hazards of Mobilising Law in Precarious Housing Arrangements

This article explores why individuals in vulnerable positions may not mobilise available legal avenues to protect themselves from harm, despite being aware of their existence. Drawing on data relating to precarious housing situations in Berlin and Zurich, we argue that the assumption that mobilising the law would improve the situation of individuals is not always accurate. We present three dimensions of non-mobilisation that prevent individuals from turning to the law: (1) their precarious market position in relation to their landlords, (2) the perceived detrimental impact of legal mobilisation on other legal affairs and (3) available solutions do not fit individuals' complex realities. Theoretically, we bring insights from the ‘non-take-up’ literature in social policy into the debate around legal mobilisation and legal consciousness. We argue for a more nuanced understanding of legal mobilisation that takes into account both people's understanding of law and their broader legal, economic and lived realities.