The exercise of judicial discretion in rent arrears cases - Sheffield ...

or adjourning the application. One earlier study (Nixon et al 1996) indicated that dismissal is
rare (4% of cases), but that adjournment occurred in 26% of cases. We consider the
outcomes in the cases we observed further in Chapter 3.
Ground 8
For housing association assured tenants, in addition to the discretionary grounds 10 and 11,
there is also a further mandatory ground (Ground 8) which is available where a tenant who
pays rent weekly is in 8 weeks’ arrears both at the date of issue of the NSP and at the court
hearing (this figure was reduced from 13 weeks in 1997).
Although the use of Ground 8 has been discouraged in the past by the Housing Corporation
(see Chapter 8, below), Pawson et al (2005) found that a third of housing associations
reported making some use of it, although there were regional variations. In particular, half of
all London-based associations reported sometimes making use of Ground 8.
The powers of courts where Ground 8 is used have been the subject of some debate
amongst judges; some believing they have power to adjourn cases (at least providing no
evidence has been heard), while others consider that they have no such power. In this study
we have explored the different attitudes of district judges when confronted with Ground 8
claims. It may be noted that the Court of Appeal has, since the interviews and observation
for this study were completed, heard and decided an appeal relating to the powers of the
county court to adjourn possession actions in these circumstances which severely limits
when adjournments may be granted (North British Housing Association v. Mathews [2004]
EWCA Civ 1736). Decisions in cases involving Ground 8 are discussed further in Chapter 8.
Procedure in rent possession cases
As mentioned above, the process of eviction starts with the landlord issuing a NSP. If the
landlord wishes to proceed to a court action proceedings must be issued. The current court
form (N119) requires the landlord to set out details of the unpaid rent. It also asks the
landlord what information is known about the defendant tenant’s circumstances. The
standard information requested of the landlord allows the court to establish that it has
jurisdiction to decide the case.
When the papers are issued the tenant will be sent a defence form (N11R) which s/he may
return to the court for consideration. The form asks questions about the tenant’s income,
dependants, outgoings and other debts. Earlier research (Nixon et al, 1996) suggests that
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