Castletown Social Housing Rent Arrears Debt

Summary

The request sought specific rent arrears debt figures and debtor details for Castletown social housing as of the end of the 2024-25 financial year, along with the relevant policy. The Department of Infrastructure disclosed the extant policy document but indicated that not all requested information was held.

Key Facts

• The request was made on 2025-04-10 and the outcome was issued on 2025-05-06.
• The authority responded that some information was sent but not all was held.
• The disclosed document is the 'Guidance for Housing Authorities on the Management of Arrears and Prevention of Evictions in Public Sector Housing' (June 2021 Rev 1.0).
• The policy outlines a three-stage process for rent arrears: Preventative Action (Green), Initial Formal Action (Amber), and Formal/Legal Action (Red).
• The policy states eviction should only be used as a last resort after other methods fail.

Data Disclosed

• 2025-04-10
• 2025-05-06
• June 2021
• Rev 1.0
• HGD8
• 6 months
• two successive payments
• one payment
• seven days
• 686179

Original Request

I seek the following information as of the end of the 2024-25 financial year: The total amount of social housing rent arrears debt within the Castletown Local Authority Area broken down by arrears for each anonymised debtor and details of any repayment plans (where such are in force e.g. repayment of £x per week) to recover such debts in each case; The number of debtors who have been in arrears for periods of i) less than one year ii) 1-3 years and iii) more than 3 years; and A copy of the extant DOI policy relating to social housing debt.

Data Tables (10)

Full Response Text

June 2021 Rev 1.0

HGD8

1

Guidance for Housing Authorities on the Management of Arrears and Prevention of
Evictions in Public Sector Housing

Originally filed: Approved by: Deborah Reeve Date 10/06/2021

Revision History: No Date Author Amendment V1.0

V2.0

June 2021 Rev 1.0

HGD8

2 CONTENTS

Introduction

p.3 Part 1 – Rent Arrears

Preventative Action p.4

Initial Formal Action p.5

Formal or Legal Action – Tenancy At Risk p.6

Part 2 – Anti Social Behaviour

Preventative Action p.8

Initial Formal Action p.9

Formal or Legal Action – Tenancy At Risk p.11

Part 3 – Post Eviction: What Happens Next?

Post- Eviction Support p.12

Re-applying for Public Sector Housing p/12 Part 4 - Appendices

Appendix 1
Rent Arrears Agreement p.13 Appendix 2 Arrears advice letter (letter 1) p.14 Appendix 3 Paying your rent - advice sheet
p.15
Appendix 4 Budget planner
p.17 Appendix 5 Useful contacts
p.18 Appendix 6 Arrears action letter (letter 2)
p.20 Appendix 7 Final notice letter
p.21 Appendix 8 Arrears Action Sheet
p.22 Appendix 9 Template - Notice to Quit
p.24 Appendix 10 ASB incident log p.26 Appendix 11 ASB advice leaflet
p.27 Appendix 12 Template ABC contract
p.29 Appendix 13 ABC Information sheet
p.30 Appendix 14 Template – Notice to Remedy p.31

June 2021 Rev 1.0

HGD8

3 INTRODUCTION

The purpose of this document is to inform and guide all housing providers on the minimum practice standards expected in the management of arrears and prevention of evictions from a public sector home. There is an expectation that every effort will be made to engage with the tenant at each stage as the emphasis is on prevention of eviction wherever possible. Eviction should only be used as a last resort, where other methods have failed.

Throughout this document, each stage of action is flagged as either green, amber or red:

GREEN: PREVENTATIVE ACTION

AMBER: INITIAL FORMAL ACTION

RED: FORMAL AND LEGAL ACTION - TENANCY AT RISK

June 2021 Rev 1.0

HGD8

4 PART 1 - RENT ARREARS

PREVENTATIVE ACTION

There are five stages that can be followed in the prevention of rent arrears and ultimately eviction. Every effort should be made to work with tenants to support them in paying their arrears and if an acceptable payment plan is agreed at any stage and subsequently maintained then the process can be halted.

Should the tenant default within 6 months, the process can be reinstated from the stage it was stopped (i.e. it is not necessary to go back to letter 1) provided the tenant has been advised of this condition in writing. For example, Ramsey Town Commissioners notify their tenants of their intention to re-start from the last stage if arrears resume via their Rent Arrears Agreement (Appendix 1).

Stage 1 – Letter/Advice Leaflet/Telephone Contact

 Letter to be sent advising of arrears and requesting that the account be brought up to date (Appendix 2). It would be for the individual Authority to determine the level of arrears at which this action is taken but ideally they should be notified after missing two successive payments in the case of those tenants who pay weekly or fortnightly, and after missing just one payment where the tenant pays rent at a greater interval than fortnightly.

 For those known to be in receipt of benefits, the Authority should approach the tenant and Treasury Benefits to attempt to set up direct payments. Where the tenant is already in arrears, or has a history of arrears, the Authority should apply to Treasury Benefits for direct payment.

 Included within the letter will be a budget planner (Appendix 4) and explanatory leaflet (Appendix 3) which identifies areas of support and contacts including:

• invitation to attend housing office for confidential discussion;
• option to pay off arrears in instalments in addition to rent;
• Useful contacts list (Appendix 5)

 This letter should be followed up by telephone contact, where possible.

June 2021 Rev 1.0

HGD8

5

INITIAL FORMAL ACTION

Stage 2 – Visit/referral for advice/follow up letter

 After a further seven days, the Authority must attempt to telephone/make personal contact.

 If there is no response to the letter or from attempts to contact the tenant by phone, the Authority should consider visiting if the tenant is known to be vulnerable. If no contact has been achieved by alternative means it would be good practice to send a follow up reminder letter at this point (Appendix 6).

 The Authority should also contact Social Services (Tel. 686179), where there are concerns of a welfare nature, to discuss the possible implications of rent arrears action and consequences of a possible eviction.

 If appropriate to do so consider what action or support could be given through DHSC or other support agencies to help resolve the arrears problem.

Stage 3 – Final Notice/Advise Department of Possible Action

 After a further seven days a Final Notice (Appendix 7) should be sent to the tenant (by Recorded Delivery where there has been no response) advising that the Authority intends issuing a Notice to Quit, which also sets out the implications of such action. The letter should request full payment and the alternative offer to enter into an agreement for payment by instalments in addition to the weekly rent.

STAGE 1 CHECKPOINTS:

 HAVE YOU MADE CONTACT WITH THE TENANT?

 HAS THE TENANT EXPLAINED THE REASONS FOR THEIR ARREARS?

 HAVE YOU BEEN ABLE TO ASK ABOUT THEIR WELLBEING, OR ASSESS

THE TENANT FOR ANY ADDITIONAL NEEDS?

 HAVE YOU SENT AN ADVICE LEAFLET & BUDGET PLANNER WITH
YOUR LETTER?

 CAN YOU SET UP RENT DIRECT OR A REPAYMENT PLAN?

June 2021 Rev 1.0

HGD8

6  At this stage it would be prudent for officers to request that a senior officer within their organisation reviews the action taken to date and is satisfied that the procedures have been followed. The Department can also be called upon for advice or review of a case to confirm independently that the agreed procedures had been followed. If it was found that procedures had not been followed, the Authority or the Department would be required to repeat the process.

FORMAL OR LEGAL ACTION – TENANCY AT RISK

Stage 4 – Pre-Legal Action

 After seven days from issue of the Final Notice, unless the action is to cease, ensure the arrears action sheet is complete (Appendix 8) and issue a Notice to Quit (Appendix 9).

Additional advice:

Some housing providers may have additional advice letters that are issued to tenants before full legal proceedings begin, these are individual to providers and are in addition to the minimum action set out within this document.
Example 1: DOI issue a pre-legal action notice from the Attorney General’s office to tenants before the Notice to Quit is issued.
Example 2: Other housing providers, working with advocates, send a pre-legal action letter after the Notice to Quit is issued and before full legal action commences.

STAGE 2 & 3 CHECKPOINTS:

 HAVE YOU MADE CONTACT WITH THE TENANT?

 HAVE YOU BEEN ABLE TO ASK ABOUT THEIR WELLBEING, OR ASSESS

THE TENANT FOR ANY ADDITIONAL NEEDS?

 DO YOU NEED TO ATTEMPT A WELFARE CHECK TO ENSURE THE
TENANT DOESN’T REQUIRE ADDITIONAL SUPPORT FROM OTHER
AGENCIES?

 ARE YOU SATISFIED THAT THE CORRECT PROCEDURES HAVE BEEN
FOLLOWED IF YOU NEED TO MOVE TO THE NEXT STAGE?

June 2021 Rev 1.0

HGD8

7 Issuing a Notice to Quit (NTQ):

 A Notice to Quit should only be issued when all other options have been explored i.e. contact by other means, a tenant visit attempted and enquiries made with relevant agencies.
 The NTQ must give at least three weeks’ notice from the date of issue, for the tenant to vacate the property. It is advised that the Notice to Quit should be issued with a Monday’s date.

 A NTQ must be served by the Coroner, which will require a formal instruction from the Housing Provider to serve the notice. The Housing Provider will also provide the Coroner with two Certificate of Service forms. Both of these are completed by the Coroner to prove that the NTQ has been served. One of these completed forms will be retained by the Coroner and the other to be returned to the Housing Provider.

 Three NTQ’s should be prepared, one for the relevant Coroner, one for the Tenant and one to be retained by the Landlord.

 In the case of a joint tenancy when one tenant is living at a separate address, then two NTQ’s will need to be issued along with all other instructions.

 If the Landlord is aware that the occupants are no longer residing at the property then the NTQ should be attached to the front door of the property.

Stage 5 - Legal Action

At this stage, the housing provider should follow the guidance below:

 After the expiry date of the Notice to Quit, referral for legal action to repossess the property can be sought.

 Collect copies of all of the correspondence and records of communications with the tenant, for the legal case.

 At this stage the Court would consider if the Authority had acted reasonably and would still have the option to adjourn proceedings or suspend the enforcement of a Possession Order for up to 12 months subject to an agreement being maintained by the tenant.

If an acceptable payment plan is agreed at any stage and subsequently maintained then the process can be halted. However should the tenant default within 6 months, the process can be reinstated from the point it was stopped (i.e. it is not necessary to go back to letter 1) provided the tenant has been advised of this condition in writing.

June 2021 Rev 1.0

HGD8

8

PART 2 – ANTI SOCIAL BEHAVIOUR

Anti-Social Behaviour (ASB) by a tenant does not generally constitute the same clear grounds for process to Possession (unless the incident is particularly serious) as would rent arrears – i.e. the rent is either being paid or it is not; but what constitutes ASB can be subjective. The burden of proof is on the housing authority and its partner agencies such as the Police to provide valid and robust evidence to substantiate the case. If the evidence is regarded as subject to interpretation by the Court the legal process can still take a considerable length of time as the case may be dismissed or adjourned a number of times. Repeat offending and the subsequent return to Court will help the local authority to build the case for eviction.

As with rent arrears, the process should begin as a housing management issue, and all efforts should be made to sustain the tenancy wherever possible. If possession action is later required, the Courts will expect to see that the authority has made all reasonable attempts to address the situation. Good record keeping is important as it may form part of your evidence base at a later stage.

Sometimes the incident may be so serious that legal action is needed immediately, for example physical risk to property, criminal activity or violence towards neighbours or staff. In these circumstances, question your need to issue formal warnings before seeking the protection of the Courts.

PREVENTATIVE ACTION

The first stage is clearly consistent with the rent arrears process; the tenant must be formally made aware that they are breaching the terms of their tenancy agreement.

STAGE 4 & 5 CHECKPOINTS:

 ARE YOU CONFIDENT THAT YOU HAVE MADE EVERY ATTEMPT TO
ENGAGE WITH THE TENANT AND FIND OUT ABOUT THEIR

WELLBEING?

 SHOULD A REFFERAL BE MADE TO SOCIAL SERVICES?

 CAN YOU PROVIDE EVIDENCE THAT YOU HAVE MADE EVERY

POSSIBLE ATTEMPT TO CONTACT THE TENANT?

 DO YOU KNOW OF OTHER CIRCUMSTANCES AFFECTING THE TENANT
THAT COULD BE AFFECTING THE RENT ARREARS?

June 2021 Rev 1.0

HGD8

9 Throughout the process complainants/victims should be encouraged to formally record their own version of events to add to the evidence base for further action as required (Appendix 10 – ASB Incident Log).

Stage 1 – Letter/ Advice Leaflet (Appendix 11)/Telephone Contact

 Letter to be sent advising of ASB or allegations of ASB and that the activities in question should cease. It would be for the individual Authority to determine the level of activity at which this action is taken but ideally, especially in terms of prolonged evidence gathering, they should be notified after just one complaint. The tenant must be notified that a complaint has been made but at this stage the housing authority must make the approach as a fact finding exercise and have consideration for the fact that the tenant may have their own version of events which indicates that the fault lays elsewhere. Clearly some complaints will be more serious than others, and supporting evidence from the Police is beneficial, for example, that a significant incident has occurred, will enable more robust action to be taken from the outset.

 Included within the letter should be an invitation to attend the housing office for a confidential discussion and an explanatory leaflet which defines anti-social or nuisance behaviour as per the housing authority policy and interpretation.

 This letter should be followed up by a face to face meeting or by telephone contact, where possible, particularly if the incident has been a significant one, for example where it has involved the Police.

INITIAL FORMAL ACTION

Subsequent stages depend on the tenant’s reaction to the notification above and incidences of repeat offending. If the initial letter resolves the situation then no further action is required, but the letter and a record of any response or follow up remains on the tenant’s

PREVENTATIVE ACTION CHECKPOINTS  HAVE YOU MADE CONTACT WITH THE TENANT?

 HAVE YOU CONTACTED ANY OTHER PARTIES INVOLVED IN THE INCIDENT?

 HAVE YOU ISSUED THE ASB ADVICE LEAFLET AND/OR ASB DIARY TO THE TENANT AND/OR OTHER RELEVANT PARTIES?

 DO YOU NEED TO ARRANGE TO HAVE A FACE TO FACE MEETING OR WELFARE CHECK WITH THE TENANT?

June 2021 Rev 1.0

HGD8

10 file in case the ASB reoccurs at a later date. If the incident is serious or remains unresolved, actions and issues which should be considered are as follows:

 For those known to be vulnerable (this does not necessarily mean that there must be an established health/welfare issue, but can also be in te

[Response truncated — full text is 55,431 characters]