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Fourth Draft

4.8 WHAT WOULD HAPPEN IF YOU FALL BEHIND WITH YOUR RENT?

The Council and always take firm action against tenants who owe rent. THCH will try to help prevent tenants from getting into arrears in the first place. Information on how, when and where to pay rent will be given to all new tenants. THCH staff will help tenants complete Housing Benefit application forms where necessary and send these to the Councils Housing Benefit Section.

THCH will notify tenants who do get into arrears at an early stage and will maintain contact until the arrears problem is resolved. THCH will do all it can to help tenants in genuine financial difficulty but will expect arrears to be paid. THCH will take appropriate legal action where necessary to recover arrears including court action for possession. Transfer to THCH would not remove a tenant's responsibility to clear any arrears built up with the Council. The arrears would be transferred to THCH who would expect the tenant to enter into an agreement to repay the arrears by appropriate instalments.

Under the terms of your tenancy agreement, if you are in rent arrears THCH will ensure that they only use similar grounds for possession as are currently used by the council in possession proceedings against secure tenants. The mandatory ground for possession, namely Ground 8 of the Housing Act 1988, which requires the Court to grant possession if an assured tenant is in eight weeks rent arrears at the time of the Court hearing, would not be used by THCH.

First Draft

4.8 WHAT WOULD HAPPEN IF YOU FALL BEHIND WITH YOUR RENT?

The Council and THCH always take firm action against tenants who owe rent. THCH will try to help prevent tenants from getting into arrears in the first place. Information on how, when and where to pay rent will be given to all new tenants. THCH staff will help tenants complete Housing Benefit application forms where necessary and send these to the Council's Housing Benefit Section.

THCH will notify tenants who do get into arrears at an early stage and will maintain contact until the arrears problem is resolved. THCH will do all it can to help tenants in genuine financial difficulty but will expect arrears to be paid. THCH will take appropriate legal action where necessary to recover arrears including court action for possession. Transfer to THCH would not remove a tenant's responsibility to clear any arrears built up with the Council. The arrears would be transferred to THCH who would expect the tenant to enter into an agreement to repay the arrears by appropriate instalments.

Under the terms of your tenancy agreement THCH will ensure that the only grounds for possession that may be used because you are in rent arrears are similar to those currently used by the council in possession proceedings against secure tenants. The mandatory ground for possession, namely Ground 8 of the Housing Act 1988, which requires the Court to grant possession if an assured tenant is in eight weeks rent arrears at the time of the Court hearing, would not be used by THCH.

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