The exercise of judicial discretion in rent arrears cases - Sheffield ...
The exercise of judicial discretion in rent arrears cases - Sheffield ...
The exercise of judicial discretion in rent arrears cases - Sheffield ...
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3. Scenarios for judges<br />
1. A local authority is seek<strong>in</strong>g possession aga<strong>in</strong>st a tenant who was granted a tenancy 18<br />
months ago. <strong>The</strong> <strong>rent</strong> is £45 per week. <strong>The</strong> <strong>arrears</strong> are cur<strong>rent</strong>ly £2700. <strong>The</strong> landlord<br />
tells you the tenant is a s<strong>in</strong>gle male, who has barely paid any <strong>rent</strong> s<strong>in</strong>ce he moved <strong>in</strong>.<br />
Also that the tenant was on hous<strong>in</strong>g benefit when he first moved <strong>in</strong>, but the landlord<br />
understands he subsequently obta<strong>in</strong>ed work, but he has not paid s<strong>in</strong>ce the hous<strong>in</strong>g<br />
benefit stopped. Despite efforts, they have not been able to make any contact with him.<br />
<strong>The</strong>y are seek<strong>in</strong>g an outright order. <strong>The</strong> tenant does not attend.<br />
What difference would it make if the <strong>arrears</strong> were £495?<br />
What difference would it make if the landlord disclosed that the tenant had mental<br />
health problems and an <strong>in</strong>dependent voluntary agency is provid<strong>in</strong>g float<strong>in</strong>g support?<br />
Would it make any difference if the tenant turned up <strong>in</strong> court <strong>of</strong>fer<strong>in</strong>g to make a<br />
payment <strong>of</strong> £500 and <strong>rent</strong> plus £20 per week? Would the landlord’s attitude to the<br />
<strong>of</strong>fer impact on your decision?<br />
2. <strong>The</strong> local authority is seek<strong>in</strong>g possession aga<strong>in</strong>st a tenant who was granted a tenancy 3<br />
years ago. <strong>The</strong> <strong>rent</strong> is £75 per week. <strong>The</strong> <strong>arrears</strong> are cur<strong>rent</strong>ly £1125. <strong>The</strong> landlord<br />
tells you that the tenant is a s<strong>in</strong>gle mother with two children <strong>of</strong> school age who is <strong>in</strong> parttime<br />
work. She is on partial hous<strong>in</strong>g benefit but regularly fails to make up the shortfall.<br />
<strong>The</strong> landlord says that she has failed to stick to several agreements to pay <strong>of</strong>f the<br />
<strong>arrears</strong>. <strong>The</strong>y have met with her and agreed a suspended order on terms <strong>of</strong> <strong>rent</strong> plus<br />
£5.00 per week. <strong>The</strong> tenant does not attend.<br />
What difference would it make if no agreement had been reached and they simply<br />
requested an order on those terms?<br />
What difference would it make if the <strong>arrears</strong> were only £450?<br />
What difference would it make if the tenant attended, and was represented by the<br />
duty desk who expla<strong>in</strong>ed various health difficulties that her children had been hav<strong>in</strong>g,<br />
and sought that the matter be adjourned on terms?<br />
Would it make a difference if the <strong>in</strong>formation about the children was <strong>in</strong> a reply form,<br />
but the tenant did not attend?<br />
How would you approach the case if the tenant appeared <strong>in</strong> front <strong>of</strong> you<br />
unrepresented but appa<strong>rent</strong>ly not able to understand English?<br />
3. A local authority is seek<strong>in</strong>g possession aga<strong>in</strong>st a tenant, who was granted a tenancy four<br />
months ago. <strong>The</strong> <strong>rent</strong> is £55 per week. No <strong>rent</strong> has been paid s<strong>in</strong>ce the tenant moved<br />
<strong>in</strong> and <strong>arrears</strong> are £935. <strong>The</strong> tenant, a s<strong>in</strong>gle woman attends and tells you that she is<br />
unemployed and has submitted a hous<strong>in</strong>g benefit claim. She has tried to contact<br />
hous<strong>in</strong>g benefit, but has not been able to f<strong>in</strong>d out what has happened. <strong>The</strong> hous<strong>in</strong>g<br />
<strong>of</strong>ficer tells you that she (the hous<strong>in</strong>g <strong>of</strong>ficer) has contacted hous<strong>in</strong>g benefit that morn<strong>in</strong>g.<br />
<strong>The</strong> hous<strong>in</strong>g benefit <strong>of</strong>fice state categorically that they have written to the tenant ask<strong>in</strong>g<br />
for further <strong>in</strong>formation, and until that <strong>in</strong>formation is received the claim cannot be<br />
processed.<br />
4. A hous<strong>in</strong>g association is seek<strong>in</strong>g possession under Ground 8 <strong>of</strong> the Hous<strong>in</strong>g Act 1988.<br />
<strong>The</strong> <strong>rent</strong> is £95 per week. <strong>The</strong> <strong>arrears</strong> are cur<strong>rent</strong>ly £950, which is a reduction s<strong>in</strong>ce the<br />
NSP was issued. <strong>The</strong> <strong>arrears</strong> have a history <strong>of</strong> fluctuat<strong>in</strong>g. <strong>The</strong> tenant appears <strong>in</strong> court<br />
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