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Rent arrears management practices in the housing association sector

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tenant contacts are now recorded on electronic<br />

case files so that when submitt<strong>in</strong>g cases for<br />

court onl<strong>in</strong>e a list of <strong>the</strong>se contacts can be simply<br />

extracted from <strong>the</strong> system and pasted <strong>in</strong>to <strong>the</strong><br />

application . In HA E, by contrast, <strong>the</strong> electronic files<br />

made this collection process laborious .<br />

In HA E, a new policy had been <strong>in</strong>troduced under<br />

which ROs and SROs had to complete a proforma<br />

detail<strong>in</strong>g <strong>the</strong> action <strong>the</strong>y had taken before<br />

beg<strong>in</strong>n<strong>in</strong>g court proceed<strong>in</strong>gs and had <strong>the</strong> approval<br />

of an RM . The pro-forma was broadly <strong>in</strong> l<strong>in</strong>e<br />

with <strong>the</strong> requirements of <strong>the</strong> PAP . The form was<br />

designed to counterbalance <strong>the</strong> discretion accorded<br />

to ROs because <strong>the</strong>re had been different levels<br />

of compliance with <strong>the</strong> PAP and <strong>the</strong> new culture<br />

of prevention/assist<strong>in</strong>g <strong>the</strong> tenant . Applications<br />

to court have reduced dramatically (also because<br />

of <strong>the</strong> <strong>in</strong>troduction of home visits) – one RM said<br />

that <strong>the</strong> number of court applications <strong>in</strong> July had<br />

reduced to 12 from 26-30 <strong>in</strong> <strong>the</strong> same month<br />

last year . One o<strong>the</strong>r reason for <strong>the</strong> decl<strong>in</strong>e may<br />

also be that <strong>the</strong> documents required to support<br />

<strong>the</strong> application could not be pr<strong>in</strong>ted out from one<br />

source and <strong>the</strong>re was a laborious process of go<strong>in</strong>g<br />

through a number of different screens to pr<strong>in</strong>t out<br />

<strong>the</strong> contents . O<strong>the</strong>r advantages were that it ensured<br />

that ROs were adequately prepared to present<br />

cases and answer questions . However, <strong>the</strong>re were<br />

also downsides . An officer, who recognised that<br />

it was a check on <strong>the</strong> exercise of discretion, also<br />

said “it takes <strong>the</strong> <strong>in</strong>itiative away from us” and that<br />

<strong>the</strong>y should be given leeway as <strong>the</strong>y “know <strong>the</strong><br />

case” . Although ROs and RMs did not make this<br />

correlation <strong>the</strong>mselves, <strong>the</strong> <strong>in</strong>troduction of <strong>the</strong> form<br />

may well have lead to <strong>the</strong> perception that DJs were<br />

mak<strong>in</strong>g more realistic orders match<strong>in</strong>g <strong>the</strong> <strong>arrears</strong><br />

level; whereas adjournments had been a pattern,<br />

<strong>the</strong>y were not so any more .<br />

Increas<strong>in</strong>g or decreas<strong>in</strong>g use of<br />

<strong>the</strong> courts?<br />

Whereas HA E could say that <strong>the</strong> numbers of court<br />

applications had decl<strong>in</strong>ed, some o<strong>the</strong>rs were not so<br />

clear . One possible reason for <strong>the</strong> lack of clarity is<br />

that perceptions can be affected by different legal<br />

“events”, from <strong>in</strong>itiat<strong>in</strong>g proceed<strong>in</strong>gs, to <strong>the</strong> hear<strong>in</strong>g,<br />

to <strong>the</strong> outcome, as well as suspensions . Where<br />

<strong>the</strong>re had been reductions, perceptions might also<br />

have been affected by <strong>the</strong> fact that, as <strong>in</strong> HA A, C<br />

and E, <strong>the</strong> organisation had just cleared a backlog<br />

of cases which had built up (<strong>in</strong> HA C’s case, it had<br />

been triggered by <strong>the</strong> merger with ano<strong>the</strong>r HA<br />

which <strong>in</strong>troduced a backlog of cases) . Only <strong>in</strong> HA B<br />

could it be said that court cases and evictions had<br />

<strong>in</strong>creased but this was because it was com<strong>in</strong>g out<br />

of a cycle <strong>in</strong> which cases had not been managed<br />

properly and <strong>the</strong> organisation was “catch<strong>in</strong>g up” .<br />

<strong>Rent</strong> <strong>arrears</strong> <strong>management</strong> <strong>practices</strong> <strong>in</strong> <strong>the</strong> hous<strong>in</strong>g <strong>association</strong> <strong>sector</strong> 99

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