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Rent arrears management practices in the housing association sector

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evidence whe<strong>the</strong>r <strong>the</strong> existence of “high <strong>arrears</strong>”<br />

is, <strong>in</strong> itself, a critical factor .<br />

Duty advisors, who represent occupiers <strong>in</strong> court<br />

proceed<strong>in</strong>gs, perceived a grow<strong>in</strong>g use of Ground 8<br />

<strong>in</strong> courts used by <strong>the</strong> three north case study HAs<br />

(A-C) and <strong>the</strong> unwill<strong>in</strong>gness of some HAs and some<br />

of <strong>the</strong>ir officers to negotiate before <strong>the</strong> hear<strong>in</strong>g . All<br />

advisors appreciated that District Judges were more<br />

<strong>in</strong>cl<strong>in</strong>ed to side with <strong>the</strong> tenant, but believed that<br />

present<strong>in</strong>g hous<strong>in</strong>g officers were adversely affected<br />

by <strong>the</strong>ir lack of knowledge of law and procedure .<br />

There were also concerns that HAs were pay<strong>in</strong>g<br />

lip service to <strong>the</strong> PAP and were not mak<strong>in</strong>g early<br />

enough <strong>in</strong>terventions .<br />

As to impacts of <strong>the</strong> post-2008 recession,<br />

<strong>the</strong> case study research found that ris<strong>in</strong>g<br />

unemployment was already lead<strong>in</strong>g to grow<strong>in</strong>g<br />

dependency on Hous<strong>in</strong>g Benefit <strong>in</strong> some areas .<br />

However, while <strong>the</strong> tim<strong>in</strong>g of <strong>the</strong> fieldwork (May-<br />

June 2009) needs to be borne <strong>in</strong> m<strong>in</strong>d, <strong>the</strong>re was<br />

no strong perception of any recent upward trend<br />

<strong>in</strong> <strong>arrears</strong> or possession activity, which could be<br />

attributable to <strong>the</strong> deteriorat<strong>in</strong>g economic situation .<br />

10<br />

Conclusions<br />

This study makes two major contributions, which<br />

should facilitate more <strong>in</strong>formed policy discussion .<br />

First, it provides evidence of <strong>in</strong>cremental changes <strong>in</strong><br />

<strong>the</strong> <strong>management</strong> of rent <strong>arrears</strong> over <strong>the</strong> past few<br />

years and <strong>the</strong> evidence about <strong>the</strong> contextual factors,<br />

which back up those changes . Those contextual<br />

factors may well be policy <strong>in</strong>terventions but o<strong>the</strong>r<br />

<strong>in</strong>ternal factors are likely to be equally important<br />

(such as respond<strong>in</strong>g to perceived problems <strong>in</strong> rent<br />

<strong>arrears</strong> <strong>management</strong>) .<br />

Second, it draws toge<strong>the</strong>r evidence about <strong>the</strong><br />

relative use of different grounds for possession<br />

across <strong>the</strong> <strong>sector</strong> . In particular, for <strong>the</strong> first time, it<br />

demonstrates <strong>the</strong> use of Ground 8 across <strong>the</strong> <strong>sector</strong>,<br />

<strong>the</strong> geography of its use (for example, London has<br />

twice <strong>the</strong> national average), <strong>the</strong> reasons for its use<br />

(and factors rarely considered prior to its deployment,<br />

such as Human Rights Act considerations), and <strong>the</strong><br />

possible perverse <strong>in</strong>centive of <strong>the</strong> PAP . Case study<br />

HAs which used Ground 8 also tended to see <strong>the</strong>ir<br />

ability to employ this power as useful ra<strong>the</strong>r than<br />

essential . While any removal of <strong>the</strong> power might<br />

result <strong>in</strong> a slightly higher exposure to rent <strong>arrears</strong> it<br />

was not believed that <strong>the</strong> effect would be substantial .

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