Rent arrears management practices in the housing association sector

do so early enough, or at all . Claims on the basis
of Ground 8 may also result in the occupier
abandoning the property .
– Ground 8 has a deterrent effect because of
its mandatory nature . Abolishing its use could
send a dangerous signal in a climate where
housing association finances are squeezed .
Many cases where its use is threatened result
in early resolution because the occupier pays
the arrears . It particularly affects the “won’t pay”
cadre as a result .
f. If, as is sometimes asserted by associations and
their representatives, Ground 8 is not used much
in practice, then there is no reason to retain it .
– Given that Ground 8 is used in only a small
proportion of possession cases, the focus on the
power is disproportionate . One of the lawyers
based outside London saw Ground 8 as a nonissue,
since hardly any associations used it .
The NHF participant predicted that over the next
five years, possessions as a total number would
reduce but that the use of Ground 8, either as a
proportion of that total number, or more generally,
would increase . The following rhetorical question
was posed by this participant in relation to this
102 R . (Weaver) v . London & Quadrant Housing Trust [2008] EWHC 1377 (Admin) .
scenario: “if, in a few years time, we have a position
that repossession rates have fallen, but the use of
Ground 8 has increased, would that be a success?”
Two of the lawyer interviewees pointed to the
reluctance of the courts to evict, with multiple
applications to suspend seen as pushing
associations towards considering Ground 8 (as
indicated above) . On the other hand, one of the
lawyers felt that there was now a move away from
the use of Ground 8 . It was suggested that this
may be due to the way that judges deal with it and
representatives defeat it . The experience of all
three lawyers reflected the finding from the earlier
DCA study that some judges still look on the use
of Ground 8 with distaste (see Chapter 2) . A range
of tactics used by district judges was mentioned
usually involving finding a basis for adjourning:
where there are HB issues; on case management
grounds because the case has been put to the
end of the list and there is insufficient time; for
consideration of public law matters following the
decision in Weaver . . 102 One indicated that a case
where a judge had adjourned a case because he
was not satisfied that Ground 8 was being used as
a “last resort” was going on appeal .
Rent arrears management practices in the housing association sector 49