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Possession – rent arrears |
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Social Ls are subject to a new protocol for possession claims based on rent
arrears (as part of the latest CPR update, in force since 2 October). Courts
must take into account whether the protocol has been followed;
unreasonable failure to comply may justify a costs order and, in any nonmandatory
ground case, an adjournment, strike out or dismissal.
In particular, as soon as reasonably practicable after T falls into arrears, L
should contact T to discuss the cause; T’s financial circumstances; T’s
entitlement to benefits etc. Note that L should offer to assist T in any claims
for housing benefit. After service of the statutory notice (but before issue of
the claim) L must make reasonable attempts to contact T to discuss the
arrears, their repayment, and the housing benefit situation. Moreover, L
should postpone issue (and if the claim was already started, postpone the
proceedings) if T complies with an agreement to pay current rent and a
reasonable sum towards the arrears. Needless to say, these are important
changes that impose wide-ranging duties on social Ls.
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October 2006 |
