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

Although numbers are small, court data on the different levels of arrears for the three main
orders: outright possession, suspended possession and adjournment, indicates a
relationship between the level of arrears and the outcome. Unsurprisingly numbers of weeks
in arrears at summons are not greatly different as these will be a reflection of the practices of
the landlord. It is the level of arrears at the first hearing which differs between the three
outcomes, illustrating the importance of both the absolute level of arrears on the outcome
and also the efforts of the tenant in reducing arrears (see further Chapter 6, above).
Chart 11: Levels of arrears for different outcomes (n=523)
25
20
15
10
5
0
OPO SPO ADJ
Wks in arrears at
summons
Wks in arrears at
hearing
What emerges is the importance of the level of arrears, but that this is always considered in
the context of the circumstances of the case, and in particular those of the tenant, as
explored in Chapter 6 above.
Housing Benefits
The issue of housing benefit as a factor in rent arrears repossession cases came out very
strongly from the focus groups. This is hardly surprising given the increasing number of
tenants in social rented accommodation who are in receipt of housing benefit (see Chapter
2). Focus groups composed of both claimant and defendant representatives felt that
housing benefit was a crucial influence, responsible for many cases being adjourned at initial
and subsequent hearings. Participants indicated that several district judges were well
informed about which local authority departments had a reputation for delay and poor
administration of housing benefit. Although, as already highlighted, housing benefit was not
found to be a particularly significant issue in previous research (Nixon et al, 1996), the
picture had changed by 2001 when a study was carried out into the experiences of black and
minority ethnic defendants. (Blandy et al, 2002).
By that time, housing benefit “proved a very significant, if not the major, factor in the
development of the arrears of the majority of tenants who were interviewed” (p. 16) and was
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