Arrears Letters Protocol

Civil Procedure 55, These are the rules that a Judge must follow in determining if a tenant should be evicted on the grounds of Rent arrears. Whilst Ground 8  of the Housing Act is defined as mandatory in reality, this is not so as the Judge has discretionary powers to  grant s suspended possession order.

 

To strengthen our case we MUST provide the Judge with a statement of account so they may see first hand the tenant’s conduct of repeated arrears and missed payments.

5.1A claim may be started online if –

(1) it is brought under Section I of Part 55;

(2) it includes a possession claim for residential property by –

(a) a landlord against a tenant, solely on the ground of arrears of rent (but not a claim for forfeiture of a lease); or

(b) a mortgagee against a mortgagor, solely on the ground of default in the payment of sums due under a mortgage,

relating to land within the district of a specified court;

(3) it does not include a claim for any other remedy except for payment of arrears of rent or money due under a mortgage, interest and costs;

(4) the defendant has an address for service in England and Wales; and

(5) the claimant is able to provide a postcode for the property.

5.2

A claim must not be started online if a defendant is known to be a child or protected party.

Starting a claim
6.1

A claimant may request the issue of a claim form by –

(1) completing an online claim form at the PCOL website;

(2) paying the appropriate issue fee electronically at the PCOL website or by some other means approved by Her Majesty's Courts Service.

6.2

The particulars of claim must be included in the online claim form and may not be filed separately. It is not necessary to file a copy of the tenancy agreement, mortgage deed or mortgage agreement with the particulars of claim.

6.2A

In the case of a possession claim for residential property that relies on a statutory ground or grounds for possession, the claimant must specify, in section 4(a) of the online claim form, the ground or grounds relied on.

6.3

Subject to paragraphs 6.3A and 6.3B, the particulars of claim must include a history of the rent or mortgage account, in schedule form setting out –

(1) the dates and amounts of all payments due and payments made under the tenancy agreement, mortgage deed or mortgage agreement either from the first date of default if that date occurred less than two years before the date of issue or for a period of two years immediately preceding the date of issue; and

(2) a running total of the arrears.

6.3A

Paragraph 6.3B applies where the claimant has, before commencing proceedings, provided the defendant in schedule form with –

(1) details of the dates and amounts of all payments due and payments made under the tenancy agreement, mortgage deed or mortgage account –

(a) for a period of two years immediately preceding the date of commencing proceedings; or

(b) if the first date of default occurred less than two years before that date, from the first date of default; and

(2) a running total of the arrears.

6.3B

Where this paragraph applies the claimant may, in place of the information required by paragraph 6.3, include in their particulars of claim a summary only of the arrears containing at least the following information –

(1) The amount of arrears as stated in the notice of seeking possession served under either section 83 of the Housing Act 1985 or section 8 of the Housing Act 1988, or at the date of the claimant's letter before action, as appropriate;

(2) the dates and amounts of the last three payments in cleared funds made by the defendant or, if less than three payments have been made, the dates and amounts of all payments made;

(3) the arrears at the date of issue, assuming that no further payments are made by the defendant.

6.3C

Where the particulars of claim include a summary only of the arrears the claimant must –

(1) serve on the defendant not more than 7 days after the date of issue, a full, up-to-date arrears history containing at least the information required by paragraph 6.3; and

(2) either –

(a) make a witness statement confirming that they have complied with sub-paragraph (1) or (2) of paragraph 6.3A as appropriate, and including or exhibiting the full arrears history; or

(b) verify by way of oral evidence at the hearing that they have complied with sub-paragraph (1) or (2) of paragraph 6.3A as appropriate and also produce and verify the full arrears history.

(Rule 55.8(4) requires all witness statements to be filed and served at least 2 days before the hearing.)

6.4

If the claimant wishes to rely on a history of arrears which is longer than two years, they should state this in their particulars and exhibit a full (or longer) schedule to a witness statement.

6.5

When an online claim form is received, an acknowledgment of receipt will automatically be sent to the claimant. The acknowledgment does not constitute notice that the claim form has been issued or served.

6.6

When the court issues a claim form following the submission of an online claim form, the claim is ‘brought’ for the purposes of the Limitation Act 1980 and any other enactment on the date on which the online claim form is received by the court's computer system. The court will keep a record, by electronic or other means, of when online claim forms are received.

6.7.........

 

When the court issues a claim form it will –