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Rent arrears management practices in the housing association sector

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esearch f<strong>in</strong>d<strong>in</strong>gs suggest that <strong>the</strong> trends towards<br />

<strong>in</strong>creas<strong>in</strong>g centralisation and managerialisation<br />

of rent <strong>arrears</strong> <strong>management</strong>, toge<strong>the</strong>r with earlier<br />

<strong>in</strong>tervention and face-to-face contact, may be factors<br />

contribut<strong>in</strong>g to this decl<strong>in</strong>e .<br />

Previous research on HAs’ use of Ground 8,<br />

a key focus for this study, has been very limited .<br />

Our study found:<br />

• Almost a quarter of HAs had recently made some<br />

use of Ground 8<br />

• LSVT <strong>association</strong>s were least likely to use<br />

112<br />

it, perhaps because of commitments made<br />

at transfer<br />

• The level of <strong>arrears</strong> was reported by hous<strong>in</strong>g staff<br />

as a key determ<strong>in</strong><strong>in</strong>g factor <strong>in</strong> <strong>in</strong>fluenc<strong>in</strong>g decisions<br />

to proceed on Ground 8 – however, this was<br />

somewhat belied by <strong>the</strong> case file analysis show<strong>in</strong>g<br />

that <strong>the</strong> typical value of <strong>arrears</strong> <strong>in</strong> Ground 8 cases<br />

was only marg<strong>in</strong>ally higher than for cases where<br />

action was pursued on o<strong>the</strong>r grounds<br />

• O<strong>the</strong>r considerations reportedly relevant <strong>in</strong><br />

decisions to use Ground 8 were: failure to respond<br />

to attempts at contact; property abandonment; and<br />

<strong>the</strong> tenant’s “o<strong>the</strong>r behaviour” – <strong>the</strong> importance of<br />

<strong>the</strong> first two of <strong>the</strong>se factors was borne out by <strong>the</strong><br />

case file analysis<br />

• On <strong>the</strong> basis of our survey, we estimate that<br />

Ground 8 was used <strong>in</strong> 350 evictions <strong>in</strong> 2007-<br />

08, just under five per cent of <strong>the</strong> national total<br />

number of <strong>arrears</strong> evictions (although this assumes<br />

evenness across <strong>the</strong> <strong>sector</strong>, and it is notable that<br />

two HAs, which were known as heavy users of<br />

Ground 8 did not respond to <strong>the</strong> survey)<br />

• Among <strong>the</strong> sub-sample of HAs which used<br />

Ground 8 and which responded to our survey,<br />

eviction on this ground accounted for 20% of<br />

evictions <strong>in</strong> that year<br />

• The <strong>in</strong>cidence of Ground 8 use <strong>in</strong> London was<br />

twice <strong>the</strong> national average<br />

• The <strong>in</strong>dications are that <strong>the</strong> use of Ground 8 has<br />

<strong>in</strong>creased <strong>in</strong> recent years . The reasons for this<br />

rema<strong>in</strong> unclear . It is <strong>the</strong>oretically possible that this<br />

reflects <strong>the</strong> “perverse <strong>in</strong>centive” created by <strong>the</strong><br />

PAP <strong>in</strong> that failure to comply with its terms <strong>in</strong> such<br />

<strong>in</strong>stances can be penalised only by an order for<br />

costs . However, <strong>the</strong>re is no evidence at all that any<br />

<strong>in</strong>crease <strong>in</strong> <strong>the</strong> use of Ground 8 is an “un<strong>in</strong>tended<br />

consequence” of <strong>the</strong> PAP<br />

Among case study HAs, Ground 8 (which was<br />

used by five out of six case study HAs) was said<br />

to be used as a last resort . A range of def<strong>in</strong>itions<br />

and <strong>practices</strong> were found as to <strong>the</strong> mean<strong>in</strong>g of<br />

“last resort” <strong>in</strong> this context, although as a general

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