Social landlords' claims for rent arrears- protocol

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    Social landlords' claims for rent arrears- protocol

    I was looking for something else and came aacross this ..

    http://www.dca.gov.uk/civil/procrule.../prot_rent.htm

    although it's primarliy designed for Law bods it does give a good idea of what sort of paper trail a judge would like to see has happened prior to litigation so if it's any use to anyone, have a read

    Happy reading !
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

    #2
    But do read the first paragraph very carefully before you throw your hands up in horror that you haven't been doing all of those things:

    "This protocol applies to residential possession claims by social landlords (such as local authorities, Registered Social Landlords and Housing Action Trusts) which are based solely on claims for rent arrears. The protocol does not apply to claims in respect of long leases or to claims for possession where there is no security of tenure."

    But in any case, well done pippay, it shows you're reading them wonderful Rules!!!

    More appropriate is Part 55 which deals with possession claims, but also the first 15 or so parts. Happy reading!

    Comment


      #3
      It went in our favour when we were able toshow the Judge how we had tried to help the tenant. She was very impressed by our efforts to assist the tenant! She was no so impressed by the fact that we had travelled 140 miles to the court hearing and the tenant who had to WALK 5 minutes down the Rd had not bothered! She issued possession in 7 days!

      Being able to show that you did at least TRY To help the tenant is always a good thing. It shows that you are not evicting at the first possible opportunity and Judges like to see that!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

      Comment


        #4
        Indeed. If you can show in court how reasonable you have been, the other side will have a much harder job showing that you have been UNreasonable.

        Comment

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