Rent arrears management practices in the housing association sector

must show not just that the ground is proved
but also that it would be reasonable to grant
possession in such cases .
In deciding on reasonableness, the court is entitled
to look to all relevant factors, 9 such as issues with
HB, the length of the tenancy, the behaviour of the
tenant, the ability of the tenant to meet the rental
obligation and the arrears of rent involved . Indeed,
the 1988 Act gives the courts extended discretion
in such cases to stay or suspend execution of the
order or to postpone the date for possession . 10
In such circumstances, the court can impose
terms on the payment of the rent and arrears . 11
That discretion and those other considerations
do not apply to the mandatory Grounds for
possession, including Ground 8 . 12
Ground 8 is satisfied where, both at the date of
service of the notice seeking possession and at
9 Cresswell v Hodgson [1951] 2 K .B . 92 .
10 S 9(1) .
11 S 9(2) .
12 S 9(6) .
14
the date of the hearing at least eight weeks’ rent
is unpaid . 13 Ground 10 is broader and requires that
some rent lawfully due from the tenant is unpaid at
the date on which the proceedings for possession
are begun . Ground 11 concerns persistent delay in
the payment of rent lawfully due (even where there
are no arrears at the date on which the possession
proceedings have begun) .
If the HA seeks possession on Ground 8, the
Court of Appeal held in North British HA v
Matthews that a claim may be adjourned if,
in the proper management of the court list,
this would be appropriate . 14 The only other
circumstances in which such a claim should be
adjourned are where there is a possible defence
(such as a defence based on ordinary principles of
judicial review, or where the defendant has paid a
cheque which has yet to clear) . 15 Where there are
extreme cases, an adjournment might be justified:
13 Or, if rent is payable monthly, at least two months’ rent is unpaid; or if rent is payable quarterly, at least one quarter’s rent is more than three
months in arrears; or if rent is payable yearly, at least three months’ rent is more than three months in arrears .
14 [2005] 1 WLR 3133 .
15 Id, [11]-[13] .