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Requirements
Pre-Action
Pre-Court action Requirements
1
Assisting tenants with difficulties in reading or understanding
2
Landlord aware of Tenant being vulnerable
Requirments
Pre-Action
PRE-ACTION RESPONSIBILITIES FOR CLAIMS RELATING TO NON-PAYMENT OF RENT
INITIAL CONTACT – BEFORE THE NOTICE
1
Contacting Tenant to Discuss Rent Arrears and Payment Plan
2
Agreeing Affordable repayment plan
3
Providing the Tenant with Rent Statements
4
Applying for arrears to be paid by DWP (If certain criteria is met)
5
Landlord should assist Tenant with UC or Housing Benefits Applications
The Landlord Should not start possession proceedings if the Tenant can demonstrate the following
a) The local authority or DWP have been provided with all the evidence required to process a housing benefit or universal credit claim
and
b) There is a reasonable expectation of the tenant’s eligibility for housing benefit or universal credit
and
c) The tenant has paid other sums due that are not covered by housing benefit or universal credit
6
The Landlord should establish communication with the DWP
7
The Landlord and Tenant cooperate together to resolve issues with Benefits or UC
8
The Landlord should advise the tenant to contact Citizens Advice or Debt Advice Agencies for assistance
Requirments
Pre-Action
CONTACT & RESPONSIBILITIES
AFTER SERVICE OF THE NOTICE OF SEEKING POSSESSION
1
Before issuing the Proceedings, the Landlord should attempt to contact the tenant to discuss all matters relating to the arrears
2
The Landlord should send copy of the: Pre-Action Protocol for Possession Claims by Social Landlords
The Landlord should not issue proceedings after the notice if the Tenant agrees payment plan and complies with it:
a) If the tenant complies with an agreement to pay the current rent and a reasonable amount towards arrears, the landlord should agree to postpone issuing court proceedings for so long as the tenant keeps to such agreement.
However,
b) If the tenant ceases to comply with such an agreement, the landlord should warn the tenant of the intention to bring proceedings and give the tenant clear time limits within which to comply again and avoid proceedings.
6
The Landlord should establish communication with the DWP
7
The Landlord and Tenant cooperate together to resolve issues with Benefits or UC
8
The Landlord should advise the tenant to contact Citizens Advice or Debt Advice Agencies for assistance
Requirments
Pre-Action
CONSIDERING ALTERNATIVE DISPUTE RESOLUTION
BEFORE COURT PROCEEDINGS
1
The Parties should consider whether they can resolve dispute without proceeding to Court
2
The court may require evidence that Alternative means of resolving dispute were considered
Requirments
Pre-Action
Landlord’s responsibilities once Court Proceedings are issued
AFTER PROCEEDINGS ARE ISSUED
After the proceedings have been issued, The Landlord should advise, inform and provide the tenant with the following:
a) inform the tenant of date and time of any court hearing
b) provide the tenant with an up-to-date rent statement, prior to any hearing
c) provide the tenant the terms of the order that will be applied for, prior to any hearing
d)The landlord should advise the tenant to attend the hearing as the tenant’s home is at risk.
The Landlord should agree to adjourn the court proceedings if the Tenant complies with an agreement to pay rent:
If the tenant complies with an agreement made, after the issue of proceedings, to pay the current rent and a reasonable amount towards arrears, the landlord should agree to adjourn the court proceedings for so long as the tenant keeps to such agreement.
If the Tenant Ceases to comply with an agreement after the Landlord adjourned the Court proceedings because of the agreement, the Landlord should warn the Tenant of the following:
The landlord should warn the tenant of the intention to restore the proceedings and give the tenant clear time limits within which to comply again and avoid restoration of the proceedings.
FAQ
Find Your Question Here
What is the effect if any of the above requirements are not followed by the Landlord?
Where do the requirements above come from?
Where do the requirements above come from?
The requirements above come from the ‘Pre-Action Protocol for Possession Claims by Social Landlords’ .
Unreasonably Failing to follow the requirements of ‘Pre-Action Protocol for Possession Claims by Social Landlords’ (The requirements above.
(a) an order for costs;
(b) an order adjourning the claim; or
(c) an order striking out or dismissing the claim (other than a claim based on a mandatory ground).
Case Example of Court Striking Possession Claim based on the Landlord’s failure to follow the requirements of the Pre-Action Protocol: Case Reference: Southwark LBC V JSC (December 2017 / January 2018) Legal Action 28, County Court at Lambeth, 14 June 2017
In this case, the Court Struck out the Possession Claim brought by the Local Authority against the tenant on the basis that the Tenant was in the process of appealing a decision against the Housing Benefit Department, yet the Local Authority proceeded to issue the Claim against the Tenant. Further, the Landlord was found to have not communicated with the Housing Benefit department before issuing the possession claim against the tenant.