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Rent arrears management practices in the housing association sector

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homes) <strong>the</strong> correspond<strong>in</strong>g figure for those with<br />

more than 10,000 dwell<strong>in</strong>gs was 32% .<br />

Typically, <strong>association</strong>s designate a specific <strong>arrears</strong><br />

threshold to serve as <strong>the</strong> trigger for consideration<br />

of legal action . This was true for 88% of respond<strong>in</strong>g<br />

landlords . In three quarters of cases, <strong>the</strong> threshold<br />

was def<strong>in</strong>ed <strong>in</strong> terms of a multiple of week’s unpaid<br />

rent – most commonly four weeks, although <strong>in</strong><br />

a few cases as low as two weeks or as high as<br />

eight weeks . Where def<strong>in</strong>ed as a cash amount, <strong>the</strong><br />

trigger po<strong>in</strong>t for consideration of legal action was<br />

usually set at £200-300 . However, while a few<br />

respondents stated that action would be <strong>in</strong>itiated<br />

“automatically” at <strong>the</strong> relevant trigger po<strong>in</strong>t, a larger<br />

number made it clear that this would depend on<br />

consideration be<strong>in</strong>g given to <strong>the</strong> specific facts of<br />

each case . For example, one respondent noted<br />

that <strong>the</strong> <strong>association</strong>’s trigger po<strong>in</strong>t for action<br />

was “normally six weeks, although flexibility is<br />

built <strong>in</strong> to ensure that this is not a rigid rule - for<br />

example where HB is an issue or where <strong>the</strong>re are<br />

particular vulnerability considerations” . Equally, a few<br />

respondents mentioned that legal action might be<br />

<strong>in</strong>itiated below “threshold <strong>arrears</strong>” levels <strong>in</strong> <strong>the</strong> case<br />

of tenants with a history of non-payment .<br />

In serv<strong>in</strong>g a NSP, just under half of <strong>association</strong>s<br />

(48%) said that <strong>the</strong>ir standard notification <strong>in</strong>cluded<br />

74<br />

<strong>in</strong>form<strong>in</strong>g tenants of <strong>the</strong>ir right of appeal (although<br />

<strong>the</strong>re is no formal legal entitlement to such a review) .<br />

To what extent are <strong>association</strong>s comply<strong>in</strong>g with<br />

guidance on prioritis<strong>in</strong>g personal contact with<br />

tenants <strong>in</strong> <strong>arrears</strong>? Virtually all – 94% – reported<br />

that <strong>arrears</strong> <strong>management</strong> staff were “required” to<br />

make personal contact with tenants before an NSP<br />

was issued . Anticipat<strong>in</strong>g that many would <strong>in</strong>dicate<br />

an “<strong>in</strong> pr<strong>in</strong>ciple” commitment to this objective,<br />

respondents were also asked to detail <strong>the</strong>ir<br />

organisation’s guidance to staff on “<strong>the</strong> ways [<strong>the</strong>y]<br />

should seek to contact tenants [<strong>in</strong> <strong>arrears</strong>] and on<br />

<strong>the</strong> number of attempts <strong>the</strong>y should make to do so” .<br />

In most cases extracts from <strong>association</strong>s’ procedure<br />

manuals demonstrated that staff were encouraged<br />

to make personal contact prior to <strong>the</strong> service of<br />

NSP . In some <strong>in</strong>stances, however, this was qualified<br />

to <strong>the</strong> extent that “personal contacts” could <strong>in</strong>clude<br />

communication by text or e-mail . Given that <strong>the</strong>se<br />

are not forms of “live contact” it is debateable<br />

whe<strong>the</strong>r <strong>the</strong>y should be regarded as appropriately<br />

substitutable for conversation – ei<strong>the</strong>r face-toface<br />

or by telephone . On <strong>the</strong> o<strong>the</strong>r hand, many<br />

procedure manuals stipulated that home visits<br />

should be attempted prior to service of a NSP and<br />

a few specified that staff should seek to achieve<br />

<strong>the</strong>se through out of hours calls where necessary .

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