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Rent arrears management practices in the housing association sector

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cases for a period and “nobody is prepared to take<br />

<strong>the</strong> <strong>in</strong>itiative”, so <strong>arrears</strong> accrue on <strong>the</strong> property .<br />

However, pursu<strong>in</strong>g abandoned tenants through<br />

Ground 8 would be an easier, more efficient and<br />

effective solution and one is not evict<strong>in</strong>g anyone as<br />

such . Ano<strong>the</strong>r type of case where it might be used<br />

was <strong>in</strong> relation to sub-lett<strong>in</strong>g, where it was “known”|<br />

that <strong>the</strong> property was sub-let but that “fact” could<br />

not be proved . “Local laws” separate out <strong>the</strong> two<br />

teams of ROs . One RM had previous experience of<br />

a DJ (wrongly) stay<strong>in</strong>g a possession order under<br />

Ground 8 twice where <strong>arrears</strong> were £8,000 . This<br />

case <strong>in</strong>filtrated this team’s decision-mak<strong>in</strong>g as to <strong>the</strong><br />

Ground for possession – why use Ground 8 when<br />

<strong>the</strong> outcome will be <strong>the</strong> same as Grounds 10 and<br />

11 . The o<strong>the</strong>r RM had experience of obta<strong>in</strong><strong>in</strong>g an<br />

order under Ground 8, but subsequently found that<br />

<strong>the</strong>re were o<strong>the</strong>r reasons for <strong>the</strong> rent <strong>arrears</strong>, and<br />

had considerable difficulty <strong>in</strong> withdraw<strong>in</strong>g <strong>the</strong> order .<br />

HA F had not used Grounds 8 and 11 hi<strong>the</strong>rto,<br />

but officers were consider<strong>in</strong>g recommend<strong>in</strong>g its<br />

adoption as a policy to enable <strong>the</strong>m, like o<strong>the</strong>r top<br />

perform<strong>in</strong>g HAs, to use it . Officers recognised that<br />

its use was criticised and that some regarded it as<br />

<strong>in</strong>consistent with <strong>the</strong> Government’s wider approach<br />

on homelessness . Officer attitudes towards its use<br />

were largely, although not completely, favourable .<br />

Three particular reasons were cited <strong>in</strong> favour of its<br />

104<br />

use: deterrence (“it’s like wield<strong>in</strong>g a big knife, we’d<br />

like to have it here as a deterrent”; “if we could have<br />

Ground 8 <strong>in</strong> our arsenal, it would make life a lot<br />

easier”); discipl<strong>in</strong><strong>in</strong>g recalcitrant tenants, especially<br />

those where <strong>the</strong>re had already been a large number<br />

of court hear<strong>in</strong>gs; and it was believed that Ground 8<br />

would enable <strong>the</strong> organisation to cut its rent <strong>arrears</strong><br />

and legal costs .<br />

What was particularly notable was that all case<br />

study HAs which used Ground 8 felt that <strong>the</strong>y<br />

could do without it (even HA C) . Some participants<br />

said that it might lead to larger accumulated debts,<br />

and might have a “bit of an impact” (HA A), “not<br />

dramatic” (HA B), but its withdrawal would not cause<br />

<strong>the</strong> bus<strong>in</strong>ess model to decl<strong>in</strong>e (“we would get by<br />

without it”: HA C) . In HA E, whilst acknowledg<strong>in</strong>g its<br />

withdrawal would not affect <strong>the</strong> bus<strong>in</strong>ess, <strong>the</strong> AD<br />

made an impassioned plea for its limited retention<br />

on <strong>the</strong> basis that government controlled <strong>the</strong> rents<br />

it could charge and <strong>the</strong> organisation was controlled<br />

by outside forces effectively . On this basis, use of<br />

Ground 8 was one decision that <strong>the</strong> organisation<br />

could make for itself .

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