Rent arrears policy

Taking Legal Action: Serving a Notice of Seeking Possession (NOSP)

4.1 Notices will be served for arrears where tenant(s) are 28 calendar days/ 4 weeks or more in rent arrears.

4.2 We will normally serve the notice by post, but where appropriate we will serve by hand at the tenants’ home address.

4.3 We can serve notice after a shorter time and reserve the right to do this in exceptional circumstances, e.g. where a tenant fails to make payments towards static or low level arrears less than 4 weeks rent.

4.4 We will still serve a notice even if an arrangement has been made if the arrears remain more than 4 weeks. This is to protect the council’s interest in the debt owed.

4.5 We may still serve a notice where benefit eligibility has been established, but a tenant is not making payments towards any rent arrears owed.

4.6 We may delay serving a notice where the vulnerability of the tenant means that there are significant support issues.

Secure Tenancy (including Flexible Tenancy)

4.7 We will seek possession under Ground(s) 1 of Schedule 2 to the Housing Act 1985 - ‘Any rent lawfully due from the tenant has not been paid or the obligation of the tenancy has been broken or not performed’.

4.8 The notice is valid for 12 months from the date it becomes ‘live’, unless the tenant clears the arrears before it become live. A notice will be re-issued after the 12 months lapse if the arrears remain and no court action has been taken.

Notice to Quit (NTQ) – Non- Secure Tenancy and Licensees

4.9 We will serve a Notice to Quit where a licensee has up to 28 days or more in arrears and has not responded to our efforts to make contact, or has broken their agreement to repay arrears. We will ensure its use is proportionate.