General Introduction
The last thing that a Social Landlord wants to do is to evict
you from your home for rent arrears.
If you have got into rent arrears and cannot afford to pay all
the money in one go, then your landlord will usually accept
repayment by reasonable instalment.
Most people have financial problems at some point or another and
there is nearly always a solution.
The answer may be increasing your income [perhaps,
you are not getting your full entitlement to welfare benefits?];
decreasing your outgoings; or prioritising
your debts.
Difficulties arise when the problem is allowed to get out of hand
by being ignored, or not being properly addressed. You need to take
the matter very seriously as, ultimately, you could lose your
home.
The best approach is to face the problem as early as possible and
to get advice.
If the matter is not resolved early on, then your landlord must
follow a set legal procedure, including giving notice and obtaining
a court order.
Once the notice period has expired the landlord can apply to the
County Court for a Possession Order. In practice it usually takes
weeks if not months to get a court date.
You will receive copies of the court papers and have the
opportunity to put your side to the court on the reply to the
summons and then at the actual Hearing.
Similarly, the courts do not wish to evict you from your home and
will take into account any extenuating circumstances that you may
have.
If you have not already done so it would be advisable to seek
advice from a housing advice agency or solicitor [see
Useful Contacts].
If a possession order is granted against you, and you do not
leave within the specified period, then the landlord must apply to
the court for a Bailiffs' Warrant to evict you.
The Bailiffs will then write to inform you of when they are coming
to take physical possession of the property.
There is always the possibility of preventing the eviction before
it takes place. However, once you are evicted it is only in very
exceptional circumstances that anything further can be done. This
is why it is essential to get advice as soon as possible.
Social Housing in Kensington & Chelsea
Social housing in Kensington & Chelsea is characterised by
the relatively small amount of council housing in comparison to a
large Housing Association sector.
Additionally, the Tenants Management Organisation
[TMO] now manages the housing stock on behalf of the
Council.
After the Tenants Management Organisation, the largest providers
of social housing in Kensington & Chelsea are the Housing
Associations, in order, Notting Hill Housing Trust, Kensington
Housing Trust, Octavia Housing & Care, William Sutton Trust,
Women's Pioneer, and Family Housing Association.
Collectively they are known as Registered Social Landlords [RSL's]
as they provide housing for the welfare of their tenants and not
for profit. Smaller specialist Housing Associations also provide a
range of accommodation and services for people who have special
housing needs.
Obviously it is important for Registered Social Landlords [RSL's]
to collect all the rent due, so that they can provide a good
service to all their tenants.
Types of Tenancy
Theer are usually 3 types of tenancy in the Social Housing sector.
These are Introductory (for new and first time tenants of the
Council), secure and assured tenancies.
Introductory Tenancies
An introductory
tenancy normally runs for 12 months from the date it was entered
into, or the date on which the tenant had the right to move in,
whichever is earlier. This is called the "trial period". The
trial period can be extended by up to 6 months if there are
concerns over the tenant's behaviour.
Once the trial period is up, the tenancy becomes secure provided
the landlord had not taken possession action or extended the trial
period.
Some tenancies become secure from the outset, even if an
introductory tenancy scheme is in operation. These are tenancies
granted (solely or jointly) to someone who, immediately beforehand,
was a secure tenant of the Council.
If you are a tenant of the Council (TMO managed property) then yuo
are a secure tenant under the Housing Act 1985, if your tenancy
started before 1st January 2007.
If you are a tenant of a housing association and your tenancy began
before 15th january 1989 then you have a secure tenancy under the
Housing Act 1985.
Rent recovery procedures of Social Landlords in Kensington
& Chelsea
The Housing Corporation guidance encourages social landlords to
have rent recovery policies and procedures. Attached are Rent
Recovery Flow Charts showing the stages that different Registered
Social Landlords in Kensington & Chelsea go through before
eviction.
These steps will often be in addition to the procedures required by
law.