THE WAY LANDLORDS go about evicting tenants who are in arrears with their rent could be about to change.

The Civil Justice Council is concluding a consultation on a Rent Arrears Protocol.

It is proposing that a certain procedure is followed by a landlord who is considering instituting possession proceedings.

The aims are to ensure that all reasonable steps have been taken to avoid litigation, to encourage the parties to settle without going to court and, where litigation cannot be avoided, to manage the proceedings in a certain way.

But there are concerns that if introduced as proposed in the consultation, the protocol could affect the landlord’s right to possession for serious rent arrears. The protocol is likely to require landlords to do as follows:

• Contact the tenant immediately they fall into arrears to discuss the situation
• Try to agree a repayment programme
• Regularly provide the tenant with detailed rent statements in a prescribed format
• Contact the tenant again after service of the statutory notice to discuss the arrears
• If the tenant complies with an agreement to pay the current rent and a reasonable amount off the arrears, the landlord should agree to postpone court proceedings as long as the tenant keeps to the agreement
• Provide the tenant with an up-to-date rent statement no later than ten days before the date of the hearing. The landlord should also disclose to the tenant their knowledge of the tenant’s housing benefit position no later than ten days before the date of the hearing
• Inform the tenant of the date and time of the court hearing and the order that the landlord will seek, and inform the tenant that they should attend the hearing as the tenant’s home is at risk, and record this advice.
• If the protocol is not followed, the court will probably refuse to allow the landlord to recover any costs against the tenant.

Although the protocol seems reasonable for larger, professional landlords, it will involve more administration and possibly extra cost if a solicitor is instructed. It is also feared that many smaller landlords will not be aware of it.

The consultation period is ending around now, on September 15, so you may just have time to get in your views. The consultation paper is available on www.civiljusticecouncil. gov.uk

Responses can be emailed to jaswanti.kara@hmcourtsservice. gsi.gov.uk