The exercise of judicial discretion in rent arrears cases - Sheffield ...

A further consequence of different landlord types is that there might be more outright
possession orders in areas where housing associations own more properties, because
Ground 8 (the mandatory ground for possession, see p. 9, above) is available only to
housing associations. In London court, 1.4% of cases were based solely on Ground 8. In
West Country court, 4% of the claims heard were based solely on Ground 8. In the cases
recorded at Northern 1 court there were no Ground 8 cases, while at Northern 2 court, 3% of
cases were based solely on Ground 8. In fact, Charts 2-5, above show that London court
had the fewest outright possession orders, while Northern 2 court had the most, so the
difference in Ground 8 claims does not appear to directly to lead to increased outright
possession order. The reasons for this are explored in Chapter 8.
Court cultures
As noted above, the focus group participants considered that particular courts each had their
own established culture. Physical details such as the age of the court building and its layout
were said to make a difference. It is difficult see how this might impact on case outcomes,
although focus group participants described some courts as being arranged in a way that
facilitated meetings between tenants and representatives. The focus groups held in the
West Country considered the rural/urban divide to be important; one district judge could ‘rule’
a small court serving a rural area. The throughput of cases could also affect the court
culture, and the focus group participants contrasted the very busy London and metropolitan
courts with the slower pace of more rural courts dealing with a smaller number of cases.
Courts also differed in their administrative efficiency, according to focus group participants,
with claimant representatives feeling that some courts lacked a ‘service culture’.
The following sections provide more detail about the four courts where cases were observed
and recorded, offering some explanation of the differences between them and drawing out
aspects of their respective cultures.
Physical aspects. The four courts offered a contrast in architectural styles. London court is
in an old building and at various times during the day can get overcrowded and noisy, with
long queues forming at the ushers’ desk, although there are conference rooms on the first
floor for private discussions. West Country court has recently been refurbished, and a
comfortable waiting room is provided, as well as private conference rooms. Northern 1
county court is contained within a large modern Combined Court, and the focus group
participants felt this could make it a more intimidating experience for tenants who have to
walk through the Crown Court waiting area, past police and robed barristers, as if they were
facing criminal proceedings. The layout of this large building also means that the judges’
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