Rent Arrears Protocol

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    • When bringing a claim for possession based on rent arrears a social landlord (this protocol does not apply to private landlords) must use the “Pre-Action Protocol for Possession Claims Based on Rent Arrears” 
    • This details what assistance the landlord must give the tenant prior to commencing proceedings to recover rent arrears. When deciding what order to make against the tenant the Court will take into account if the protocol has been followed. 
    • Any failures by the landlord to follow the guidance within the Protocol can be used by the tenant as mitigation against the landlord’s possession claim.

     

    by: tenancy solved uploaded July 20, 2018