Pre-action protocols and seeking repossession of private rented housing on rent arrears grounds

Documenting compliance with pre-action requirements

Should a landlord decide to progress repossession action on the grounds of rent arrears in the period where the pre-action requirements are in force, compliance with the requirements will be considered by the Tribunal in deciding whether to grant the repossession order.

Due to the emergency Coronavirus Acts, all eviction grounds have been made discretionary, which means the Tribunal can apply discretion in deciding such cases.

Landlords should, therefore, make sure they document any actions they take in respect of meeting the pre-action requirements and ensure that the tenant knows they are doing this.

Where a landlord decides to progress repossession action, they will provide the tenant with the details of the steps they have undertaken to meet the pre-action requirements.

Tenant Grant Fund

Councils have been given £10 million to provide grants to tenants who have fallen behind on their rent as a result of the pandemic and are at risk of eviction.

The grants will help tenants who are struggling financially as a direct result of the pandemic, allowing them to reduce or pay off their rent arrears. They will be available to tenants in both the private and social rented sectors. These grants will support tenants and landlords who are willing to work together to address rent arrears and agree a repayment plan to ensure the tenant is able to avoid eviction.

Tenants who have been financially impacted by the pandemic and need help to avoid eviction should contact their local authority housing department to discuss their circumstances.