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Rent is CRHA’s main source of income and it helps to pay for a good quality housing management and repairs service to all tenants. It is essential for tenants to pay their rent. Failure to pay rent could lead to eviction. Any tenants with problems in meeting rent payments must contact us immediately. This page sets out the procedures that may be adopted in situations where rent arrears occur. However, we recognise that each situation deserves to be dealt with on an individual basis and the range of procedures set out here will be applied only as appropriate. It is a condition of tenancy to ensure that rent is paid both regularly and in advance. If this is not possible we will respond promptly to help alleviate further more serious problems and arrange for the payment of any arrears. The following section explains: 1. What we will do at the beginning of each tenancy to advise new tenants on rent payments. 2. How we will respond if rent payments are not made. 3. What action we will take to prevent rent arrears from increasing if they occur. 4. How the legal process for dealing with rent arrears works. At all stages we will endeavour to act promptly and correctly to situations of non-payment of rent. We will treat all information in a sensitive and confidential manner, advising tenants in advance of what action is proposed. We will give tenants every opportunity to discuss the matter with ourselves or to obtain independent advice. At the start of a tenancy At the start of a tenancy we will help to make an initial assessment of any entitlement to housing benefit. This may cover all or part of the rent. Until the council has assessed a claim actual figures cannot be confirmed but we will give an idea of how much the tenants' own contribution is likely to be. All housing benefit payments are intended to help with rent payments so they should be paid to the Association immediately. Tenants will be advised of the various rent payment methods, e.g. at the Post Office, Standing Order etc. We will also explain that they have the facility to have any entitlement to housing benefit paid direct to CRHA. What happens if rent is not paid? A tenant should contact us immediately if for any reason they are unable to keep up to date with rent payments. We will arrange to visit the tenant to discuss the situation in a sensitive manner and identify the reason for non-payment. We will also provide the tenant with any relevant advice on welfare benefits etc. The tenant will be expected to make an arrangement for the payment of the arrears. We are aware that rent arrears often occur because tenants on low incomes have to meet other debts, e.g. electricity, water or gas charges. We will try to refer such tenants to specialist organisations for independent advice. Whatever the reason for non-payment of rent, it is important that once an arrangement is made for repayment it is strictly maintained. If agreements to pay rent arrears are not kept, or rent arrears continue to increase, the Association will be forced to consider further action. Housing Benefit It is possible that when a tenant accepts a property from CRHA they will be eligible for housing benefit. However, delays in the assessment of an application for benefit may lead to the accrual of rent arrears. The Association will be sensitive to this situation but it is the responsibility of the tenant to supply the Housing Benefit department with all of the information required to enable a claim to be assessed. It remains the responsibility of tenants on Housing Benefit to ensure that the rent is paid and so it is important that they continue to press the council for the payment of housing benefit and that the Association is kept informed, particularly if there is any change in personal circumstances. It is also the responsibility of the tenant to ensure that any claim for housing benefit is renewed at the appropriate time. We will insist on housing benefit being paid direct to us if the arrears are the equivalent of eight weeks rent. When your housing benefit is received it should be immediately paid into your rent account. The Legal Procedure If there are arrears on a tenancy we may consider taking court action, particularly if a tenant has not kept to a previously agreed arrangement. This may ultimately lead to an eviction. The first step in this process involves the issuing of a Notice of Seeking Possession (NSP). This NSP gives a tenant 28 days to make an arrangement to pay the arrears. If a tenant receives an NSP it is vital that they contact us or any independent agency for immediate advice. The NSP remains valid for 12 months after it has been issued and at any time during that period the Association can apply to the County Court for a hearing unless the account is clear. Tenants will be notified in advance of the date of the court hearing and it is important that they attend. Court Action The County Court will be asked to give the Association a Possession Order. This would allow us to evict the tenant. The order may be suspended which would allow the tenant to remain in their home, provided they keep to the terms of payment which the court may set. The tenant will also have to pay the costs of any court action taken (subject the agreement of the Court). The Court Order is valid until the arrears are cleared and the costs paid. Eviction If the Court suspends the Possession Order it is vital for the tenant to keep to the terms of the Order for the repayment of the arrears. If they fail to pay as the Court instructed then the Association can, without a further hearing in Court, request the court bailiff to take possession of the property. In these circumstances the Association will not provide the tenant with alternative accommodation. IT IS IMPORTANT FOR ANY TENANTS FINDING IT DIFFICULT TO PAY THEIR RENT TO CONTACT US FOR ADVICE AS SOON AS POSSIBLE. We would also advise any tenants in difficulty with their rent to seek independent advice from a Citizens Advice Bureau, a housing aid centre or a solicitor.
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