DHC: Rent Arrears Policy

HOURGLASS
De
p
tf
o
r
d
H
ous
i
ng
C
oop
e
r
a
t
i
v
e
Rent Arrears Policy
CONTENTS
Page
T
h
e P
o
li
cy
1.0 Introduction 2
1.1 Objectives 2
1.2 Aims 2
1.3 Tenant Responsibility 2
1.4 Principles 2
a) Arrears Prevention 2
b) Arrears Control 3
c) Arrears Recovery 3
d) Legal Action 3
1.5 Housing Benefit & Universal Credit 3
T
h
e P
r
oc
e
du
r
e
2.1 Introduction 4
2.2 Sign Up 4
2.3 New tenancies 4
2.4 Housing Benefits/ Universal Credit Entitlement 4
2.5 Welfare Benefits 5
2.6 Early Action 5
2.7 Contacting the tenant 5
2.8 Arrears Agreements 6
2.9 Broken Agreements 6
2.10 Serving a Notice to Quit (NTQ) 6
2.11 Proof of Service 7
2.12 Pursuing Payment during the Notice period 7
2.13 Notice Expiry/Legal Action 7
2.14 Issue of new tenancy 7
2.15 Court Action 7
a) DIY Possession 8
b) Using a Solicitor 8
c) Before Court 8
d) The Hearing 9
e) Court Decision 9
f) Outright Possession Order (OPO) 9
g) Adjourned on Terms 9
2.16 Eviction 9
2.17 Clearing the Debt 9
2.18 Stays of Execution 10
2.19 Eviction Date 10
2.20 Disposal of Goods 10
2.21 Debt Recovery 10
3.00 Appendices 11-20
1
T
h
e P
o
li
cy
1.0 I
n
tr
oduc
t
i
on
Income from rent is important for the long-term financial viability of Deptford Housing Co-
operative. It is the Co-ops main source of income. Maintenance, housing management
services and future development activities are dependent on the effective collection of
rents and service charges. Paying rent is a condition of tenancy and this is enforceable as
part of this policy and procedure. This policy applies to tenants with
con
tr
a
c
t
u
al
t
e
n
a
nc
ie
s
.
1.1 O
b
je
c
t
i
v
e
s
The co-
operative’s
key objectives are:
To educate tenants on their obligation to pay rent as a condition of tenancy.
To prevent rent arrears developing by taking early action.
To protect the financial position of Deptford Housing Co-operative.
To ensure that in the recovery of rent arrears, all tenants are treated fairly.
To identify members who are vulnerable and ensure that they receive advice and
assistance on paying their rent.
1.2
A
i
ms
The co-
operative’s
aims are:
We will aim to collect the full rent due.
We will treat tenants that have arrears fairly, equitably and reasonably.
We will contact tenants with arrears as early as possible.
We will provide appropriate advice and assistance at every stage.
We will aim to advise tenants of appropriate agencies who may help them
maximise their eligible benefits/ handle their debt as necessary.
Eviction will only be used as a last resort.
1.3 Te
n
a
n
t
Re
spons
i
b
ili
t
y
Rent is an important financial commitment a tenant makes and we expect tenants to
treat this commitment
seriously. The tenant’s responsibility is as follows:
Pay their rent or make sure that it is paid.
Take responsibility for making and maintaining any claim for welfare benefits to assist
with the rent.
To seek help or support, in paying the rent, if it is needed.
1.4 P
r
i
nc
i
p
le
s
In the operation of the Arrears Recovery Policy the co-operative will apply the
following principles:
a)
A
rr
ea
r
s
P
r
e
v
e
n
t
i
on
:
At the start of the tenancy, the co-operative will ensure tenants are
made fully aware of their obligation to pay their rent in advance and the consequences of
non-payment. Resources will concentrate on obtaining information to ensure that the rent
is affordable for the tenant. They will be advised and encouraged to maximise their
income by applying for welfare benefits where appropriate.
2
b)
A
rr
ea
r
s
C
on
tr
o
l
:
Monitoring of rent accounts will be undertaken regularly. This
includes the monitoring of Housing Benefit (HB) and Universal Credit (UC) payments.
c)
A
rr
ea
r
s
Re
cov
e
r
y
: Early action will be taken to recover arrears whilst they are at a
manageable level for tenants. The Co-op will always try to communicate with tenants in
the most appropriate way to ensure that they understand what we are telling them about
their rent payment responsibilities and the implications for them of any action we are
taking in connection with recovering rent arrears. In the case of vulnerable tenants, when
we take arrears recovery action, we will seek to involve people or agencies who are already
involved with the tenants or who can give appropriate support to them.
d)
L
e
g
al
Ac
t
i
on
: Legal action will be considered to pursue the recovery of debt and
possession of property in cases where tenants do not respond to contact to discuss
payment of rent/arrears, where they have failed to keep to an agreement or where non-
payment of rent/arrears is persistent and regular.
1.5 H
ous
i
ng
B
e
n
e
f
i
t
/ U
n
i
v
e
r
s
al C
r
e
d
i
t
Tenants who claim HB or UC should be made aware that it remains their responsibility to
ensure the rent is paid. It is
the tenants’ responsibility
to liaise with and chase their HB
department for payment of their rent. The same applies for tenants on UC. Payments can
be stopped for a variety of reasons. If this happens, tenants should contact the Local
Authority or Department for Work and Pensions to determine why and provide details or
information required to continue their benefit claim. The above will still be implemented
where arrears are due to Housing Benefit.
3
The Procedure
2.1 I
n
tr
oduc
t
i
on
This procedure covers processes around:
•
New tenancies
•
Early action
•
Contacting the tenant
•
Arrears Agreements
•
Serving a notice
•
Court action, before, during and after
•
Eviction
•
Disposal of goods
2.2 Si
gn
U
p
At the point of sign up, the co-op must provide the following information to the
prospective tenant:
Advise applicant that rent is due in advance. Obtain one
month’s rent
in
advance.
Advise on methods of rent payment and how to pay.
Ensure that the tenant understands their obligation to pay rent in advance and not
fall into rent arrears.
Advise tenants of the rent arrears policy, including consequences of not paying.
Advice on how to claim housing benefit and their responsibility to ensure we
receive it.
Advice on how to claim housing costs via Universal Credit and the importance of
keeping their online journal up to date.
Stress the importance of keeping housing benefit and Universal Credit informed of any
changes in circumstance.
Encourage tenants to make early contact with their Finance Officer should there
be any problem that might affect payment of rent.
Obtain income and contact details for new tenant
2.3 Ne
w
t
e
n
a
nc
ie
s
The co-op believes that from time to time some tenants will experience problems of rent
arrears. In most cases, arrears can be avoided by making early interventions with the
tenant concerned. It is good practice to discuss rent, benefits and arrears issues with new
tenants at the commencement of their tenancy.
2.4 H
ous
i
ng
B
e
n
e
f
i
t
/ U
n
i
v
e
r
s
al C
r
e
d
i
t
E
n
t
i
t
le
m
e
n
t
a) Some tenants may not be aware of their entitlement to Housing and Council Tax
Benefit. Tenants should be advised to apply for HB if unsure. They may also not be
aware of their entitlement to housing payments via UC and should be encouraged to
apply.
b) Tenants should always be advised to pay the full rent whilst Housing Benefit/
Universal Credit housing payment applications are being determined. If they work part-
time they should agree an amount to pay with the Finance Officer.
4
c) Tenants must complete their HB application/ US housing payments notification
themselves. Advice and assistance will be provided by DHC if required. This is important
to help ensure the accuracy of information.
2.5 Wel
f
a
r
e
B
e
n
e
f
i
t
s
As with Housing Benefit, some tenants are unaware of their entitlement to other
welfare benefits. Welfare benefits advice will be offered to tenants to help them
maximise their eligible income. Advice will be provided at the start of the tenancy and
at each stage of the arrears recovery process.
All tenants in receipt of benefits should be encouraged to have their benefit paid
directly to DHC. This can be by HB direct or an APA (alternative payment arrangement)
tor any tenant claiming UC.
2.6 Ea
r
l
y
Ac
t
i
on
Early action in dealing with arrears is both good practice and effective. Minor arrears can
increase quickly, making it harder to deal with later. Immediate action should be taken
where:
One months rent or less is outstanding on the account.
HB/ UC claim has been cancelled, suspended or refused.
All arrears actions at all stages of the arrears recovery process must be recorded
on
DHC’s arrears monitor.
2.7 C
on
t
a
c
t
i
ng
t
h
e
t
e
n
a
n
t
a) The Finance Officer is responsible for contacting the tenant for any arrears recovery
action. Frequent tenant contact is effective in controlling arrears, especially whilst the
arrears are still relatively low. Evidence of all contact is important as this will form part
of all supporting documentation if a case goes to court.
b) The following should be covered when contacting the tenant:
Confirm a figure for the amount of arrears.
Find out if the tenant is vulnerable/ check for any support from relatives or
specialist social worker.
Find out any obvious cause for the arrears.
Check if the arrears are due non receipt of HB/ UC.
Clarify the position with any outstanding HB/ UC claim.
Obtain any outstanding information for HB/UC
Draw up an Arrears Agreement (AA) for repayment of arrears. This to be done with
consideration for the tenants income/ affordability.
Consideration should be made for other options for repayment, such as HB direct/
APA (Alternative Payment Arrangements from UC).
Explain the risk of eviction unless they keep to the agreement.
Debt advice should be provided.
c) All arrears recovery contact with the tenant should be recorded on the arrears
monitor/ confirmed in writing, either by email or letter. This is essential for
accountability, especially if a case is presented in court.
5
d) All formal stages of the arrears process must be confirmed in writing. The tenant
needs to be given access to a current rent statement at all times. This could
be via the
online rent account portal with DHC’s rent accounting portal CHICS, or
by the
Finance Officer providing the tenant a statement on request/ as part of the arrears
procedure. Copies and records of all contact are retained for accountability purposes.
2.8
A
rr
ea
r
s
Ag
r
ee
m
e
n
t
s
a) The purpose of any arrears action with the tenant is to help recover the arrears and
bring the account up to date as quickly as possible. A one-off payment should be explored
by the Finance Officer. If the tenant cannot afford that then a repayment plan (
A
rr
ea
r
s
Ag
r
ee
m
e
n
t
) should be put in place. This should be confirmed in writing (even if agreed
on the phone). The arrears agreement should;
•
Be reasonable, realistic and affordable.
•
Be discussed, negotiated and agreed by both parties.
•
Be in writing and signed by both parties.
•
Be monitored and updated regularly (at least bi-weekly).
In reaching an agreement with a tenant, the Finance Officer will:
•
Provide advice and refer to a specialist debt counsellor if appropriate.
•
Clarify regularity of payments with the tenant and suggest the use of
standing order /direct debits.
•
Agree achievable payment levels
2.9
B
r
ok
e
n
Ag
r
ee
m
e
n
t
s
a) If an agreement is broken, the tenant must be informed (verbally and in writing) to bring
their payments up to date within 7 days or further arrears action will be taken. They should
also be informed that repeated breaches of the Arrears Agreement will result in DHC taking
legal action to recover the arrears.
b) Where payments are not brought up to date and further arrears action becomes
necessary, the account is returned to arrears process at the point at which they left it
before the arrears agreement was made. It is important to check if a previously served
Notice may have expired during the agreement time. If it has, a new one will need to be
served.
2.10 Se
r
v
i
ng
a N
o
t
i
c
e
t
o
Q
u
i
t
(NTQ)
The ending of a tenancy is triggered by a Notice to Quit (NTQ). It is important to ensure
that the arrears policy and procedure have been followed correctly before serving an
NTQ. This is important because contractual tenancies are insecure and when cases go to
go court the court is required to grant possession. This may lead to the tenant losing their
home. It is important that the NTQ is served properly.
The Notice will expire after 4 weeks for a weekly tenancy or after 1 month for a monthly
tenancy. After the NTQ has expired, the contractual tenancy comes to an end. The
former tenant may continue to occupy their property until the co-op obtains a warrant of
eviction order from the court. The former
tenant’s
right to stay
6
arises from the Protection from Eviction Act 1977, which provides that DHC tenants cannot
be evicted without a court order.
2.11 P
r
oo
f
o
f
Se
r
v
i
c
e
The Finance Officer or DHC staff must serve the NTQ with an appropriate
accompanying letter. The NTQ should be served by hand. A copy of the NTQ should
be kept in the
tenant’s
online folder.
Once the NTQ is served, it must be recorded on the Arrears Monitor and the expiry date
noted. A reminder for follow-up action after the expiry of the NTQ should be made by the
Finance Officer. A witness statement, signed by the person that served the NTQ should be
placed on the tenants online file.
2.12 P
u
r
su
i
ng
Pa
ym
e
n
t
du
r
i
ng
t
h
e N
o
t
i
c
e
p
e
r
i
od
The arrears recovery process does not stop during the notice period of the NTQ. If a tenant
makes an agreement, this is recorded. The Finance Officer must continue to pursue the
tenant for the payment of arrears. A further agreement may be made during this period
but this will not mean a court referral will be deferred. This will depend on the level of the
debt and whether it is in the co–
op’s interest to proceed
to court. After the notice is
served, any payment received must only be accepted as mesne profit and not rent.
2.13 N
o
t
i
c
e E
xp
i
r
y
/
L
e
g
al
Ac
t
i
on
Possession proceedings can begin after the notice expires. The decision to proceed to
court must be made by 2 members of the Management Committee (MC). Evidence of
arrears action in line with the arrears policy must accompany any request to progress a
case to court.
The NTQ will continue to be effective until such time that a new tenancy agreement is
issued to the tenant.
2.14 I
ssu
e
o
f
n
e
w
t
e
n
a
ncy
a
ft
e
r
a NTQ
h
a
s
e
xp
i
r
e
d
du
e
t
o
r
e
n
t
a
rr
ea
r
s
.
A new tenancy may be issued if a tenant clears all the rent arrears due after the NTQ has
expired and before the case goes to court. The decision to issue a new tenancy will be
made by the MC. Any payment made after expiry of the NTQ for the accommodation is
termed as use and occupation charges.
A new tenancy agreement may only be issued if there are no other breaches of
tenancy.
2.15 C
ou
rt
Ac
t
i
on
In order to take court action, a valid NTQ must be in place.
For contractual tenancies, an outright order is the only order that can be requested. The
courts have no discretion to suspend possession proceedings due to the non– security of
the tenancy. The Housing Manager is responsible for recommending court action to the
Co-
op’s MC
meeting who must authorise legal action in all cases where a possession order
is sought.
7
a) DIY P
oss
e
ss
i
on
The Finance Officer will need to complete the necessary forms and register this on the
Possession Claims Online Portal (PCOL). Before issuing any proceedings ensure that:
The relevant NTQ is still valid and a witness statement has been signed by the person
who served the notice.
The Statement of Truth on the particulars of claim has been signed by the
Finance Officer/ Housing Manager.
The arrears policy has been followed with documentary evidence.
An up-to-date rent statement has been sent to the tenant.
To issue proceedings, the following are required; All transactions are done online using
PCOL;
•
N119
–
Particulars of claim for possession form.
•
N5
–
Claim for possession of property.
•
Relevant court fee.
b) U
s
i
ng
a S
o
li
c
i
t
o
r
Complex cases may require legal representation. A case for legal representation will be
made by DHC housing management and approved by the MC. In these circumstances, DHC
will complete
solicitor’s referral
by collating the accompanying documents and sending
them to the solicitor with a covering letter;
Tenancy agreement together with any variations.
Copy of the NTQ.
Witness statement/ proof of service from the person who served the notice.
Copy rent statement.
Copies of rent arrears letters.
Any other relevant documents required/ requested by the solicitor.
c)
B
e
f
o
r
e C
ou
rt
DHC will need to prepare a court file. This file will contain all relevant evidence for the
case and is for use in court. The court file must contain the following;
Tenancy agreement plus any variations
Copy of the NTQ/ Witness statement/ proof of service
Copy rent statement showing all arrears up to and including the court date.
Any rent increase evidence and documentation.
If the debt is cleared in full prior to the hearing the proceedings will be cancelled (unless
there is a history of arrears or where there have been persistent delays in paying the rent).
Under normal circumstances, the case will be adjourned with liberty to restore. Where the
debt has been substantially reduced or paid up before the hearing DHC will pursue the
case, asking for an adjournment with liberty to restore. The Co-op reserves the right to
recover court costs even if the proceedings are cancelled or adjourned.
Prior to the hearing, the Finance Officer must;
8
•
Send the tenant an up-to-date rent account at least 10 days before the
hearing.
•
Advise the tenant of the date and time of the hearing.
d) T
h
e Hea
r
i
ng
Where attending on a DIY basis DHC will take on the role of the legal
representative, as well as witness.
Payment of the arrears in full should be requested or the possession order will be
enforced.
e) C
ou
rt
De
c
i
s
i
on
As DHC tenancies are contractual, the outcome at court will likely be an outright
possession order.
f) O
u
tr
i
gh
t
P
oss
e
ss
i
on
O
r
d
e
r
(OPO)
The letter to the tenant will confirm the terms of the order and advise the tenant of their
position and whether the co-op will be enforcing the eviction. Eviction must be authorised
by the MC.
g)
Ad
j
ou
r
n
e
d
on
Te
r
ms
Either party can ask for a case to be adjourned. This will only be done where all arrears
are cleared in full prior to the hearing and the Co-op gives authority to do so.
If the case is adjourned, the letter to the tenant needs to confirm on what terms the order
has been adjourned and outline the terms of the adjournment.
2.16 E
v
i
c
t
i
on
Where an OPO has been issued, DHC should arrange to visit the tenant where an eviction
warrant is to be applied for. An eviction report must be prepared by DHC and passed to
the MC with the appropriate paperwork for authorisation.
Action on a DIY basis will require DHC to apply to the court using Warrant Application
form (N325). The resident should be notified of the application and be advised to contact
the Homeless Person Unit and other local housing advice agencies for housing support.
If action is taking place through a solicitor, DHC must instruct solicitors to apply for an
eviction warrant. The tenant will be informed in writing. A copy will be sent to any
relevant tenant support.
2.17 Clea
r
i
ng
t
h
e
d
e
b
t
If the debt and all costs are paid in full, the decision to suspend the warrant rests with
the Co-op. Payments prior to eviction must be evidenced as received in a DHC
designated bank account before any considerations can take place.
9
2.18 S
t
a
y
o
f
E
x
e
cu
t
i
on
If the tenant applies to the court for a suspension of the warrant (stay of execution), it
should be pointed out to the court that since the tenancy is contractual, there is no
discretion by the court to stop the eviction. It should go ahead. DHC must prepare a full
witness statement in advance, attend court and put the case for the eviction to proceed.
2.19 E
v
i
c
t
i
on
Da
t
e
DHC will arrange for the locks to be changed on the day of eviction. An inventory of items
left in the property should be fully recorded. Photographs should be taken and kept on
file. DHC will place a 14-day TORT notice on goods found in a property following eviction.
This TORT notice and eviction confirmation will be forwarded to any next of kin details
held on file for the evicted tenant.
2.20 Di
spos
al
o
f
G
oods
A tenant who has been evicted will be requested to remove all furniture and personal
possessions from the property and leave the property in reasonable condition. The evicted
tenant will be requested to make arrangements to collect their belongings within 14 days
of the eviction as detailed on the TORT notice. Failure to remove items will result in DHC
arranging for their removal and disposal.
2.21 De
b
t
Re
cov
e
r
y
If a debt remains on account after the eviction, it will be passed to Corporate and Legal
Services to administer and action.
10
Appendix 01
A
R1
Dear *******
Address Line 1
Address Line 2
Post Code
Date
A
rr
ea
r
s
L
e
tt
e
r
1
A
R1
:
– Re
n
t
B
ala
nc
e
on
**/**/**** £XXX.XX i
n
a
rr
ea
r
s
This letter is to inform you that your rent account is in arrears. Your rent balance as of
**/**/**** is £XXX.XX in arrears.
It is important that you make a payment to clear your rent account to prevent further
arrears. Please do this as soon as possible.
We are keen to support you in maintaining a clear rent account. Our commitment is to;
Listen to you to enable the right support to be provided.
Help you maximise your income and welfare benefits.
Help sign post you to agencies that can offer specialist support and advise.
Be reminded that it is your responsibility to keep up with your rent payments. Failure to pay your
rent is a breach of tenancy and can lead to serious consequences including eviction.
I will try to call you over the next few days to review your situation. Likewise, feel free to contact
me at any time during office hours to discuss this. Please note my contact details below.
Yours sincerely,
XXXXXXX Finance
Officer
Appendix 02
A
R2
Dear *******
Address Line 1
Address Line 2
Post Code
Date
A
rr
ea
r
s
L
e
tt
e
r
2/
A
R2
:
– Re
n
t
B
ala
nc
e
on
**/**/**** £XXX.XX i
n
a
rr
ea
r
s
I wrote to you on **/**/**** to advise you that your rent account was in arrears. I have not had
any contact or response from you as a result. I must advise you that your rent balance as of
**/**/**** is now £XXX.XX in arrears.
It is important that you make a payment to clear your rent account to prevent the arrears
escalating further. Please do this as soon as possible as it becomes harder to manage the longer it
is ignored.
We are keen to support you in maintaining a clear rent account. Our commitment is to;
Listen to you to enable the right support to be provided.
Help you maximise your income and welfare benefits.
Help sign post you to agencies that can offer specialist support and advise.
Be reminded that it is your responsibility to keep up with your rent payments. Failure to pay your
rent is a breach of tenancy and can lead to serious consequences including eviction.
I will try again to call you over the next few days to review your situation. Likewise, feel free to
contact me at any time during office hours to discuss this further. It is important we resolve this
before it escalates. Please note my contact details below.
Yours sincerely,
XXXXXXX Finance
Officer
Appendix 03
A
R3
Dear *******
Address Line 1
Address Line 2
Post Code
Date
A
rr
ea
r
s
L
e
tt
e
r
3/
A
R3
:
– Re
n
t
B
ala
nc
e
on
**/**/**** £XXX.XX i
n
a
rr
ea
r
s
I have written to you on at least two occasions to advise you that your rent account was in arrears. I
have not had any contact or response from you as a result. I must now warn you that your rent
balance as of **/**/**** is now £XXX.XX in arrears.
It is vital that you clear your rent account or make an Arrears Agreement to help prevent the
arrears escalating further. Please make contact URGENTLY to ensure this is agreed as it becomes
harder to manage the longer it is ignored.
I
f
you
do
no
t
r
e
spond
t
o
t
h
i
s
le
tt
e
r
,
you
m
a
y
r
e
c
ei
v
e a N
o
t
i
c
e
t
o
Q
u
i
t
. T
h
i
s
w
ill
pu
t
you
r
hom
e a
t
r
i
sk
.
We are keen to support you in maintaining a clear rent account. Our commitment is to;
Listen to you to enable the right support to be provided.
Help you maximise your income and welfare benefits.
Help sign post you to agencies that can offer specialist support and advise.
Be reminded that it is your responsibility to keep up with your rent payments. Failure to pay your
rent is a breach of tenancy and can lead to serious consequences including eviction.
I will keep trying to call you over the next few days to review your situation. Likewise, feel free to
contact me at any time during office hours to discuss this further. It is important we resolve this
situation as it has now become urgent. Please note my contact details below.
Yours sincerely,
XXXXXXX Finance
Officer
Appendix 04
A
rr
ea
r
s
Ag
r
ee
m
e
n
t
Plea
s
e Re
t
u
r
n
Si
gn
e
d
A
rr
ea
r
s
Ag
r
ee
m
e
n
t
t
o
t
h
e DHC O
ff
i
c
e
T
h
i
s
A
rr
ea
r
s
Ag
r
ee
m
e
n
t
i
s
b
e
t
w
ee
n
Name of tenant: XXXX XXXXX / Of Address of XXXXXXXXXXXXXX
and Deptford Housing Cooperative Ltd (DHC) of 16 Rochdale Way, London SE8 4LY
Re
n
t
a
nd
a
rr
ea
r
s
d
e
t
ail
s
A
rr
ea
r
s
a
g
r
ee
m
e
n
t
d
e
t
ail
s
Date
Signed (DHC)
Name:
Signed (tenant)
CHICS F
u
ll Re
n
t
a
ccoun
t
b
ala
nc
e
a
s
o
f
**/**/**
Weekly rent
Weekly service charge
T
o
t
al
w
ee
k
l
y
r
e
n
t
al
ch
a
r
g
e
s
Te
n
a
n
t
a
g
r
ee
s
t
o
p
a
y
Total monthly rent
Arrears payment
T
o
t
al
mon
t
h
l
y
a
moun
t
a
g
r
ee
d
t
o
p
a
y
**/**/****
£XXXX.XX
£XX
£XX
£XX
£XXX
£XXX
£XXX
1
.
0 Tenant Respons
i
b
ili
ty
Rent is an important financial commitment. We expect tenants to;
Ensure their rent is paid on time.
Be responsible for claiming appropriate welfare benefits.
Seek help or support in paying the rent, if required.
2
.
0 DHC Comm
i
tment
DHC is keen to support tenants in paying their rent. We commit to;
Listen to tenants to enable the right support to be provided.
Help tenants maximise their welfare benefits.
Help tenants liaise with welfare benefit providers.
Assist tenants with any stakeholder requests to resolve arrears concerns.
Help sign post tenants to agencies that can offer specialist support and debt advise.
3
.
0 Bro
k
en Agreements
If this agreement is broken, it can put the tenant’s home at risk. Please note that;
15
Appendix 05
NTQ
Dear *******
Address Line 1
Address Line 2
Post Code
Date
NTQ
Find enclosed, a Notice to Quit (NTQ). This is being served on you because the arrears on your rent
account have reached an unacceptable level.
Your arrears as at XX/XX/XXXX stands at £XXXX.XX
We have tried to contact you on a number of occasions to reach an agreement to clear the arrears.
This has so far been unsuccessful.
F
o
ll
ow
i
ng
t
h
i
s
NTQ, i
f
you
do
no
t
t
a
k
e a
c
t
i
on
t
o
t
a
ck
le
you
r
a
rr
ea
r
s
,
you
m
a
y
b
e
e
v
i
c
t
e
d
t
h
r
ough
a
cou
rt
o
f
la
w
.
It is vital that you either clear your rent arrears in full or make an Arrears Agreement with DHC to
tackle the arrears and prevent them from escalating further. Please make contact URGENTLY to
ensure this is put in place.
We are keen to support you in maintaining a clear rent account. Our commitment is to;
Listen to you to enable the right support to be provided.
Help you maximise your income and welfare benefits.
Help sign post you to agencies that can offer specialist support and advise.
Be reminded that it is your responsibility to keep up with your rent payments. Failure to pay your
rent is a breach of tenancy and can lead to serious consequences as noted above.
I will keep trying to make contact with you to review your situation. Likewise, feel free to
contact me at any time during office hours to start resolving the issue. Please note my contact
details below.
Yours sincerely,
XXXXXXX Finance
Officer
Appendix 06
Not
i
ce to Qu
i
t
By Landlord of Premises Let as a Dwelling
to:
XXXXX
of: Address L
i
ne 1
Address L
i
ne 2
Post Code
We as your landlord,
Deptford Housing
Cooperative Ltd of
give you NOT
I
CE TO QU
I
T
and deliver up possession
to us
Dated:
16 Rochda
l
e Way
London SE8 4L
Y
Sunday, XX/XX/XXXX
or the day on which a complete period of your tenancy
expires next after the end of four weeks from the service
of this notice.
XX/XX/XXXX
Signed:
Served by:
Witnessed by:
Name and Address of
Agent if Agent serves
notice:
XXXXXX
XXXXXX
N/A
Information For Tenant (See Note 2 below)
1. If the tenant does not leave the dwelling, the landlord must get an order for
possession from the court before the tenant can lawfully be evicted. The landlord
cannot apply for such an order before the notice to quit has run out.
2. A tenant who does not know if he/she has any right to remain in possession after a
notice to quit runs out or is otherwise unsure of his/her rights, can obtain advice
from a solicitor. Help with all or part of the cost of legal advice and assistance may
be available under the Legal Aid Scheme. He/She should also be able to obtain
information from a Citizens’ Advice Bureau, a Housing Aid Centre, a Rent Officer or a
Rent Tribunal Office.
18