Step 3
Pre-Action Requirements
Ground 1 Breach of Tenant's Obligations
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Responsibilities of the Landlord
01.
Assisting tenants with difficulties in reading or understanding
Landlords should take reasonable steps to ensure that the Tenant understands any information given.
01.
Assisting tenants with difficulties in reading or understanding
Landlords should take reasonable steps to ensure that the Tenant understands any information given.
02.
Landlord is aware of Tenant being vulnerable
The landlord should check whether the Equality Act is engaged or whether a Community Care Assessment is required.
02.
Landlord is aware of Tenant being vulnerable
The landlord should check whether the Equality Act is engaged or whether a Community Care Assessment is required.
Pre-Action Responsibilities for Claims Relating to Non-Payment of Rent
Initial contact - Before the notice
01.
Contacting Tenant to Discuss Rent Arrears and Payment Plan
Landlord should contact the tenant to discuss cause of arrears, repayment plans and financial circumstances.
01.
Contacting Tenant to Discuss Rent Arrears and Payment Plan
Landlord should contact the tenant to discuss cause of arrears, repayment plans and financial circumstances.
02.
Agreeing Affordable repayment plan
The landlord should try to agree affordable repayment plans based on the tenants income and outgoings.
02.
Agreeing Affordable repayment plan
The landlord should try to agree affordable repayment plans based on the tenants income and outgoings.
03.
Providing the Tenant with Rent Statements
Landlords should provide, on quarterly basis, rent statements showing the rent due and received for the past 13 weeks.
03.
Providing the Tenant with Rent Statements
Landlords should provide, on quarterly basis, rent statements showing the rent due and received for the past 13 weeks.
04.
Applying for arrears to be paid by DWP (If certain criteria is met)
If the tenant meets the appropriate criteria, the landlord should apply for arrears to be paid by the DWP.
04.
Applying for arrears to be paid by DWP (If certain criteria is met)
If the tenant meets the appropriate criteria, the landlord should apply for arrears to be paid by the DWP.
05.
Landlord should assist Tenant with UC or Housing Benefits Applications
The landlord should offer to assist the tenant in any claim that the tenant may have for state benefits.
05.
Landlord should assist Tenant with UC or Housing Benefits Applications
The landlord should offer to assist the tenant in any claim that the tenant may have for state benefits.
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
06.
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
06.
07.
The Landlord should establish communication with the DWP
The landlord should make effort to establish effective ongoing liaison with housing benefit department and the DWP.
07.
The Landlord should establish communication with the DWP
The landlord should make effort to establish effective ongoing liaison with housing benefit department and the DWP.
08.
The Landlord and Tenant cooperate together to resolve issues with Benefits or UC
The landlord and tenant should work together to resolve any housing benefit or universal credit problem
08.
The Landlord and Tenant cooperate together to resolve issues with Benefits or UC
The landlord and tenant should work together to resolve any housing benefit or universal credit problem
09.
The Landlord should advise the tenant to contact Citizens Advice or Debt Advice Agencies for assistance
The landlord should advise the tenant to seek assistance from citizens advice bureau or debt advice agencies
09.
The Landlord should advise the tenant to contact Citizens Advice or Debt Advice Agencies for assistance
The landlord should advise the tenant to seek assistance from citizens advice bureau or debt advice agencies
After Service of the Notice
Contact & Responsibilities after Service of the Notice
Before issuing the Proceedings, the Landlord should attempt to contact the tenant to discuss all matters relating to the arrears
The landlord should make reasonable attempts to contact the tenant to discuss the cause of the arrears; repayment of the arrears; and state benefits.
Before issuing the Proceedings, the Landlord should attempt to contact the tenant to discuss all matters relating to the arrears
The landlord should make reasonable attempts to contact the tenant to discuss the cause of the arrears; repayment of the arrears; and state benefits.
The Landlord should send copy of the: Pre-Action Protocol for Possession Claims by Social Landlords
The landlord should send a copy of the 'Pre-Action Protocol for Possession Claims by Social Landlords' to the Tenant.
The Landlord should send copy of the: Pre-Action Protocol for Possession Claims by Social Landlords
The landlord should send a copy of the 'Pre-Action Protocol for Possession Claims by Social Landlords' to the Tenant.
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.
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.
The Landlord should establish communication with the DWP
The landlord should make effort to establish effective ongoing liaison with housing benefit department and the DWP.
The Landlord should establish communication with the DWP
The landlord should make effort to establish effective ongoing liaison with housing benefit department and the DWP.
The Landlord and Tenant cooperate together to resolve issues with Benefits or UC
The landlord and tenant should work together to resolve any housing benefit or universal credit problem.
The Landlord and Tenant cooperate together to resolve issues with Benefits or UC
The landlord and tenant should work together to resolve any housing benefit or universal credit problem.
The Landlord should advise the tenant to contact Citizens Advice or Debt Advice Agencies for assistance
The landlord should advise the tenant to seek assistance from citizens advice bureau or debt advice agencies.
The Landlord should advise the tenant to contact Citizens Advice or Debt Advice Agencies for assistance
The landlord should advise the tenant to seek assistance from citizens advice bureau or debt advice agencies.
Before Court Proceedings
Considering alternative dispute resolution
The Parties should consider whether they can resolve dispute without proceeding to Court
The parties should consider whether it is possible to resolve the issues between them by discussion and negotiation without recourse to litigation.
The Parties should consider whether they can resolve dispute without proceeding to Court
The parties should consider whether it is possible to resolve the issues between them by discussion and negotiation without recourse to litigation.
The court may require evidence that Alternative means of resolving dispute were considered
The landlord should send a copy of the 'Pre-Action Protocol for Possession Claims by Social Landlords' to the Tenant.
The court may require evidence that Alternative means of resolving dispute were considered
The landlord should send a copy of the 'Pre-Action Protocol for Possession Claims by Social Landlords' to the Tenant.
After Proceedings are Issued
Landlord's responsibilities once Court 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.
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.
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.
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
FAQ
What is the effect if any of the above requirements are not followed by the Landlord?
Still have questions? We've got answers.
What is the effect?
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. may result in the court making any of the following orders;
(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.
What is the effect?
What is the effect?
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our Step-by-Step Legal Guides and AI Assistant.