Rent arrears management practices in the housing association sector

Three associations stated that there were
safeguards for officers to follow prior to resorting
to Ground 8, which included complying with the
PAP . Evidence from specific CAB cases indicated
(albeit anecdotally) that, in spite of safeguards,
the PAP was not followed in practice in some
cases, however . 92
The Pawson et al study found one third of
responding associations were making some use
of Ground 8 in 2002-03, with this being true for
half of London-based associations . Incidence of
Ground 8 use was much higher among traditional
associations (47%) than stock transfer landlords
(17%) . Case study evidence suggested that this
difference might be associated with undertakings
made upon transfer for associations not to use
these grounds (at least in relation to transferring
tenants) . Although the frequency of use by
associations was not investigated in that study,
a National Housing Federation survey of 116 of
the largest associations in 2000 (unpublished) is
92 Phelps, L . (2008), op cit .
93 Shelter (Undated), op cit .
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reported to have found that Ground 8 was used in
16% of granted possession orders . 93
Analysis of court data by Hunter et al 94 focused
on 237 possession actions involving assured
tenancies, of which 62 cases used Ground 8 as
well as the discretionary Grounds 10 and 11, and
Ground 8 was used alone in nine cases . Of these
71 cases in which Ground 8 had been used one
quarter did not meet the arrears level criteria for
the use of Ground 8 (see Section 1 .2) . Regional
differences were again noted . In London, 36% of
relevant cases included the use of Ground 8, while
in the West Country, only nine per cent did so . In
actions involving Ground 8 alone, 78% resulted in
an outright possession order, whereas when used
in conjunction with Grounds 10 and 11, this figure
was 11%, with 71% of cases being adjourned . 95
This suggested to the authors that the result
in cases relying on Ground 8 is not a foregone
conclusion . 96
94 Hunter, C . et al (2005) The Exercise of Judicial Discretion in Rent Arrears Cases, DCA Research Series 6/05, London; DCA .
95 Hunter, C . (Unpublished), “Judges resisting the law: The avoidance of possession in mandatory cases”, Paper on file with the authors .
96 Hunter, C . et al (2005), op cit .; Hunter, C . (unpublished), op cit .