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Rent arrears management practices in the housing association sector

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had <strong>in</strong>creased or decreased <strong>in</strong> <strong>the</strong>ir use of<br />

<strong>the</strong> courts; one had decreased considerably, <strong>the</strong><br />

o<strong>the</strong>r had <strong>in</strong>creased, both of which were partly<br />

due to changed approaches . District Judges<br />

were generally said to be tenant friendly, although<br />

<strong>the</strong>ir heterogeneous approaches were also<br />

remarked upon .<br />

HA use of Ground 8 was said to be generally<br />

as a last resort, but different HAs had different<br />

approaches to its use . What was also notable was<br />

that all HAs which used Ground 8 said that <strong>the</strong>ir<br />

rent <strong>arrears</strong> <strong>management</strong> would not be overly<br />

affected by its withdrawal .<br />

Duty advisors commented on <strong>the</strong> <strong>in</strong>creas<strong>in</strong>g use<br />

of Ground 8 <strong>in</strong> courts used by HA A-C and <strong>the</strong><br />

unwill<strong>in</strong>gness of some HAs and some of <strong>the</strong>ir<br />

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

appreciated that District Judges were more will<strong>in</strong>g<br />

to side with <strong>the</strong> tenant, but believed that present<strong>in</strong>g<br />

hous<strong>in</strong>g officers were adversely affected by <strong>the</strong>ir<br />

lack of knowledge of law and procedure . There<br />

were also concerns expressed that HAs were<br />

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

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

88<br />

6.1 Chapter background<br />

and scope<br />

This chapter reports on six case study HAs<br />

conducted dur<strong>in</strong>g May-July 2009 . Case study work<br />

focused on a small number of HAs enabl<strong>in</strong>g us to<br />

“drill down” from <strong>the</strong> emerg<strong>in</strong>g f<strong>in</strong>d<strong>in</strong>gs to explore<br />

<strong>the</strong> “how”, “why” and “<strong>in</strong> what circumstances”<br />

questions . It was apparent from our earlier work<br />

and <strong>the</strong> heterogeneity of <strong>the</strong> doma<strong>in</strong> that various<br />

broad and <strong>in</strong>stitutional contextual factors were<br />

likely to be <strong>in</strong> play <strong>in</strong> both collective and <strong>in</strong>dividual<br />

decision-mak<strong>in</strong>g over possessions . Fur<strong>the</strong>r, whilst<br />

we were unable to obta<strong>in</strong> <strong>the</strong> requisite consents<br />

for empirical work with courts with<strong>in</strong> <strong>the</strong> timeframe<br />

of <strong>the</strong> research project, case study HAs as an<br />

alternative could be directed at questions about<br />

court processes and actions from <strong>the</strong> “sharp end” of<br />

practice . This case study work was supplemented<br />

with, and counterbalanced by, a small number of<br />

<strong>in</strong>terviews with those manag<strong>in</strong>g or act<strong>in</strong>g <strong>in</strong> court<br />

duty advice schemes, which roughly overlapped<br />

with <strong>the</strong> case study areas . Reference is also made<br />

<strong>in</strong> this chapter to material derived from one fur<strong>the</strong>r<br />

<strong>in</strong>terview with a national RSL (a relatively high user<br />

of Ground 8) and which was conducted dur<strong>in</strong>g<br />

this phase of <strong>the</strong> research us<strong>in</strong>g <strong>the</strong> case study<br />

topic guide .

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