Our Policy 

 

Rent Arrears - Our Policy


At Barnet Homes we believe in creating ‘successful tenancies’. The conditions for creating ‘successful tenancies’ are created by ensuring the responsibilities of the tenancy agreement are maintained by both the tenant and the landlord.


One of the most important of these responsibilities for tenants is paying the rent on time and maintaining a debt free rent account. Our leaflets Rent arrears - secure tenancies and Rent arrears - non-secure tenancies give advice and explain how we deal with rent arrears.


When you sign up for one of our tenancies we will make you aware of your obligation to pay rent and other charges and seek payment of the first two weeks charges.


We will help you manage your rent account by providing you with clear information on your payments and money you may owe us. This will include quarterly statements of account to check your payments against the rent due.


We check rent accounts regularly and will contact you if you fall behind with payments. Don't ignore any letters from us. Ignoring your arrears may result in you losing your home.


If you think you may be entitled to Housing Benefits we will help you with your application to ensure that you receive your full entitlement.


If you are having financial difficulties you must contact us. We can help you to come up with a realistic repayment plan related to your other financial commitments. Alternatively we can refer you to independent money advice where appropriate. If you are vulnerable we will arrange assistance from our Housing Support Service.


If English is not your first language, we will offer for someone to interpret when discussing your account.


We will try to contact you by phone and if not successful, by a home visit.


Where we make a repayment agreement with you and you keep to it we will not take further action.


If you do not respond to our arrears reminders and the arrears are not cleared we will serve you with a Notice of Seeking Possession(1) . This would normally be if you owe us four weeks rent(2) or over £350. If you have a history of non payment of rent we will take action earlier. This is the first stage of legal action to gain possession of your home. This gives you 28 days to either pay your arrears or make an agreement with us to do so.


(1) For non-secure tenants this will be a Notice to Quit
(2) Ten weeks if you are on full housing benefit


If you receive full housing benefit and will not make an agreement or have broken an agreement to pay back arrears we will apply to the Department of Work and Pensions (DWP) to deduct rent payments plus a sum towards the arrears from your DWP payments due.


If, after 28 days, you have not cleared your arrears or made an agreement we will start legal action. We will apply to the court for a hearing to gain a ‘possession order'. We will try to visit you again at home before making the application.


 Click here for legal advice


We will take firm action against tenants who do not pay their rent. Being in arrears can ultimately lead to legal action being taken to evict you. Any person who makes a homeless application following an eviction will have their case treated on its merits. You may be deemed to be intentionally homeless and as a result not be re housed by the council.


Not only could you lose your home but you will have to pay significant court costs on top of your outstanding debt. This can give you a bad credit rating, which will stop you getting some forms of credit.


You will receive a summons from the court that tells you the time and date of the court hearing and what you should do. Contact your Housing Officer immediately if you receive a summons.


We will write to you at least 10 days before the court hearing to state the order we will be seeking and enclose a statement of your rent account. We will seek court costs and these will be added to your rent account.


Where there have been no recent payments and we have not been able to speak to you, or if you have breached a court order, we will seek an order for outright possession (eviction).


Once we have an eviction order you will be notified of the date on which the bailiffs will call.


An eviction will only be stopped by a payment of the full sum by cash, postal order or banker’s draft.