Newcastle | Leeds | Manchester Income Recovery Housing Associations and Housing Management Simon Thirtle, Ward Hadaway February 2016.

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Presentation transcript:

Newcastle | Leeds | Manchester Income Recovery Housing Associations and Housing Management Simon Thirtle, Ward Hadaway February 2016

Newcastle | Leeds | Manchester Income Recovery - Overview Topics 1.Rent Arrears Protocol 2.Possession Proceedings 3.Bankruptcy & Debt Relief Orders 4.Asset Management / Recharges 5.Former Tenant Arrears

Newcastle | Leeds | Manchester Income Recovery – Rent Arrears Protocol 1.The Pre-Action Protocol for Possession Claims by Social Landlords »In force since 1 April 2015 »Part 2: Possession claims based upon rent arrears » Initial contact » Discuss the arrears » Provide copy rent statements » Assistance with HB / DHP / Universal Credit applications » Hold off Court action if there are reasonable prospects » Liaise with the DWP / HB offices

Newcastle | Leeds | Manchester Income Recovery – Rent Arrears Protocol 1.The Pre-Action Protocol for Possession Claims by Social Landlords » Part 2: Possession claims based upon rent arrears » After serving the NSP » Alternative Dispute Resolution » Court proceedings » Provide information to the tenant about the hearing & your position » Compliance with the Protocol

Newcastle | Leeds | Manchester Income Recovery – Possession Proceedings 2.Possession Proceedings » Notice Seeking Possession (S.8 HA 88 / S.83 HA 85) » Assured tenancies » Ground 8 » Ground 10 » Ground 11 » Secure tenancies » Ground 1 » Any other issues?

Newcastle | Leeds | Manchester Income Recovery – Possession Proceedings 2.Possession Proceedings » Possession Claims Online ("PCOL") » Advantages » Disadvantages » Protocol requirements » Civil Procedure Rules (CPR)

Newcastle | Leeds | Manchester Income Recovery – Possession Proceedings 2.Possession Proceedings » The possession hearing » What can happen? » Check your orders!!

Newcastle | Leeds | Manchester Income Recovery – Bankruptcy and Debt Relief Orders 3.Bankruptcy and Debt Relief Orders (DROs) » Petitioning for bankruptcy » What happens to rent arrears on bankruptcy? » What about arrears that accrue after bankruptcy? » Effect of bankruptcy on possession orders

Newcastle | Leeds | Manchester Income Recovery – Bankruptcy and Debt Relief Orders 3.Bankruptcy and Debt Relief Orders (DROs) » What are Debt Relief Orders? » What happens to rent arrears as at the date a DRO is made? » What happens to existing money judgments? » Does the tenant still have to pay rent?

Newcastle | Leeds | Manchester Income Recovery – Asset Management and Recharges 4.Asset Management and Recharges » How to pursue recharges » Check the tenancy agreement » Investigate » Inform the tenant » Pay now or pay later?

Newcastle | Leeds | Manchester Income Recovery – Asset Management and Recharges 4.Asset Management and Recharges » Effect upon disrepair claims » Undermines tenant's credibility » Counterclaim / offset?

Newcastle | Leeds | Manchester Income Recovery – Former Tenant Arrears 5.Former Tenant Arrears » Not all possession orders allow money judgments » Tracing former tenants » Money Claims Online ("MCOL") vs 'the old fashioned way'

Newcastle | Leeds | Manchester Income Recovery – Former Tenant Arrears 5.Former Tenant Arrears » Enforcing Judgments » Money judgments in possession orders » Suspended orders » Outright orders » Advantages to chasing debts

Newcastle | Leeds | Manchester Income Recovery – Former Tenant Arrears 5.Former Tenant Arrears » Enforcing Judgments » Enquiries as to financial circumstances » Bailiffs / Sheriffs » Attachment of earnings » Freezing orders

Newcastle | Leeds | Manchester Income Recovery ANY QUESTIONS?