If you fail to pay your rent and therefore fall into arrears your income officer is required to follow the arrears procedure, it is important that you contact your income officer as soon as you are aware of any difficulty paying your rent. If you contact your income officer as soon as possible your income officer may be able to offer support or referrals to tenants who are struggling to pay their rent. Failure to contact or failed arrangements can result in court proceedings where further costs are applied.
The rent arrears procedure means that tenants will receive:
Week 1 in arrears- First reminder letter
Week 2 in arrears- Second reminder letter
Week 3 in arrears- Telephone call from your income Officer
Week 4 in arrears- Notice of seeking possession
Four weeks after serving the notice, is a tenant has not cleared or reduced their arrears , we will then consider commencing court action.
THE COUNCIL HAVE NO LEGAL DUTY TO ASSIST YOU IF YOU BECOME HOMELESS DUE TO RENT ARREARS.
Serving a notice is the first step of the council's legal action to repossess your home.
There are two types of notices:-
Secure Tenant- Will receive a notice of seeking possession.
Following the notice, you have 28 days to make an arrangement for repaying the arrears. The notice is valid for a 12 month period, the council can apply anytime with the 12 month period to the county court for an order to evict your from your home.
If you pay your rent in full during the 12 month period the notice will no longer exist.
Introductory tenant- Notice of proceeding for possession.
You have 14 days in which to apply for a review of the council's decision to evict you. If you apply for a review the review panel will decide whether your tenancy is to continue. If the decision is made to end your tenancy, the council will apply to the county court for an order to evict and your will lose your home.
The council will apply to court 28 days following the issue of the notice of proceedings. If you pay your rent in full during the 28 day period the notice will no longer exist.
A court hearing is the second stage of the legal process. You will be notified in writing from the council informing you of the date of the court hearing. It is important you attend as it is your opportunity to discuss the reason for non-payment with the judge.
The council will ask for a possession order to evict you from your home. However, the court may decide to postpone or suspend the order if you keep to the terms of the order and you will be allowed to remain in your home. You will be required to pay the court costs.
The council will ask for a possession order to evict you from your home. This is a mandatory (fixed) order which means the court will give the possession order outright.
If full payment including court costs is made prior to the court hearting the court order will be dismissed.
If the court order is not kept the council will apply for a warrant to evict you from your home. Following an eviction you will still be liable for the rent arrears and court costs.
As the possession order is a mandatory or fixed order you will receive details of the procedure and the eviction date. You should contact the housing options team for advice and assistance:-
Tel: 01352 703777 or Housing Options Team.
If you require any help and support during this time please contact your income officer as soon as possible who can direct you to the support you require.