HOUSING LANDLORD SERVICES RENT ARREARS POLICY
HOUSING LANDLORD SERVICES RENT ARREARS POLICY
HOUSING LANDLORD SERVICES RENT ARREARS POLICY
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Overall Objectives<br />
<strong>HOUSING</strong> <strong>LANDLORD</strong> <strong>SERVICES</strong><br />
<strong>RENT</strong> <strong>ARREARS</strong> <strong>POLICY</strong><br />
a. To provide a consistent approach to dealing with rent arrears in properties<br />
in the ownership of the Council and managed by Housing Landlord Services<br />
in accordance with current legislation and best practice.<br />
b. To ensure that our tenants receive appropriate debt counselling and advice<br />
at an early stage from either our Housing Officers or independent agencies<br />
to prevent arrears from accruing.<br />
c. Clear and unambiguous process.<br />
d. Open to inspection by all interested parties.<br />
Policy<br />
The Council favours early intervention and prevention in the hope that rent debt<br />
can be contained and tenancies are not put at risk as a result of legal action. Our<br />
emphasis will be on early personal contact and we will communicate with those<br />
tenants in arrears through a variety of means: letter, visits, telephone, mobile<br />
phone texting and e-mail.<br />
We will also try to negotiate affordable and reasonable repayment arrangements<br />
with tenants at every stage of the recovery process and keep tenants informed of<br />
what action we intend to take if they do not adhere to any arrangement.<br />
We will also comply with the Protocol for Possession Claims based on Rent Arrears.<br />
This is available on request and sets out the obligations placed on the Council when<br />
seeking possession of properties.<br />
The Council is however obliged to collect the rent owed to it. Where arrears do not<br />
reduce or where a tenant is wilfully failing to pay the rent due we will take legal<br />
action. Tenants are legally responsible for their rent even if they are entitled to<br />
housing benefit and will be made aware of the potentially serious consequences of<br />
falling into arrears. In addition, we will remind tenants that their rent pays for the<br />
services that the Council as a landlord provides and failure to collect this affects<br />
our ability to deliver high quality services and therefore impacts upon all of our<br />
tenants.<br />
The Council balances its rent account every two weeks, and rent is due fortnightly<br />
in advance. We provide a variety of ways to enable tenants to pay their rent:<br />
direct debit, standing order, debit/credit card payments, internet payments, post<br />
office rent payment card, payment book and by cheque.
We will ensure the following standards when dealing with tenants who owe rent:<br />
Where tenants are not eligible for full housing benefit the Council will ask that<br />
they pay their first fortnights rent when they sign the tenancy.<br />
The Council will assist vulnerable tenants in completing housing benefit forms<br />
Initial personal visits will be undertaken where 4 weeks arrears or more have<br />
arisen, or where a tenant owes £100.00 or more. A rent arrears report will be<br />
completed<br />
The Council will take steps to ensure that Notices of Seeking Possession or Notices<br />
to Quit are normally served before 6 weeks rent arrears have accrued unless there<br />
are delays in assessing housing benefit, which are not a result of the failure to<br />
provide information.<br />
All efforts will be made to serve Notices personally on tenants<br />
The Council will make reasonable affordable repayment arrangements at every<br />
stage of the recovery process. This may involve the payment of a lump sum to<br />
“catch up” with the terms of a previously broken arrangement<br />
The Council as a landlord will assist with tenants housing benefit queries<br />
The Council will arrange, where appropriate, direct deductions from benefits by<br />
the DWP<br />
The Council will endeavour to commence possession proceedings where 10 weeks<br />
rent arrears are owing unless there are delays in assessing housing benefit, which<br />
are not a result of the failure to provide information<br />
The Council will refer tenants to relevant agencies such as the CAB, Shelter or<br />
floating support providers for debt counselling and advice<br />
The Council will contact tenants after the service of the Notice of Seeking<br />
Possession and before the issue of court proceedings to discuss the arrears and<br />
make an affordable repayment arrangement<br />
Where such arrangements are adhered to, the Council will agree to postpone court<br />
proceedings<br />
At least ten days before the court hearing the Council will provide tenants with a<br />
rent statement and a statement regarding the information the Council as a landlord<br />
has regarding any housing benefit claims<br />
The Council will write to advise tenants of the date and time of any court hearing<br />
and of any order obtained<br />
Where a tenant reduces the arrears substantially, makes and sticks to a reasonable<br />
repayment arrangement after the issue of Court proceedings the Council may agree<br />
to adjourn proceedings. If a tenant fails to keep to such an arrangement the<br />
Council will write to warn of the intention to restore Court proceedings.