1
Revenue Services Policy
& Procedure
Contents
Revenue Services Policy & Procedure ....................................................................... 1
Section 1 – Revenue Services ................................................................................. 4
1.
Aim of Procedure ............................................. Error! Bookmark not defined.
2.
Our Service Standards .................................................................................. 4
Section 2 – Pre Tenancy, Sign Up & Termination ....................................................... 5
1.
Sign up procedure ........................................................................................ 5
3.
Housing Benefit Entitlement .......................................................................... 5
4.
Housing Benefit Entitlement on Two Homes ..................................................... 5
5.
Preventing rent arrears ................................................................................. 6
6.
Welfare Benefits and Debt Advice ................................................................... 6
Section 3 - Payment Arrangements ......................................................................... 7
1.
Basic Principles ............................................................................................ 7
2.
Making an arrangement ................................................................................ 7
3.
Arrangements on OHMS ................................................................................ 7
4.
Monthly Payers ............................................................................................ 7
If the account is in Arrears ................................................................................... 7
If the account is in credit or has a zero balance ....................................................... 8
5.
Advance Payments ....................................................................................... 8
Fortnightly ......................................................................................................... 8
4 Weekly ............................................................................................................ 8
Monthly.............................................................................................................. 8
Customers in arrears and advance payments .......................................................... 8
6.
Methods of payment ..................................................................................... 9
Direct Debit ........................................................................................................ 9
Standing Orders .................................................................................................. 9
Cash Collection Site - Finance Department ............................................................. 9
Allpay Swipe Card Payments ................................................................................. 9
Allpay App ........................................................................................................ 10
2
Debit and Credit cards ....................................................................................... 10
Cheque ............................................................................................................ 10
Section 4 - Arrears Recovery Procedure ................................................................. 11
1.
Arrears Recovery Stages ............................................................................. 11
2.
OHMS Recovery Profile ............................................................................... 17
Section 5 - Court And Eviction .............................................................................. 19
1.
Court Proceedings ...................................................................................... 19
2.
Serving a Notice Seeking Possession ............................................................ 19
3.
Grounds for Possession ............................................................................... 19
Ground 8.......................................................................................................... 19
Ground 10 ........................................................................................................ 20
Ground 11 ........................................................................................................ 20
4.
Legal Wording of Grounds ........................................................................... 20
Ground 8.......................................................................................................... 20
Ground 10 ........................................................................................................ 20
Ground 11 ........................................................................................................ 20
5.
Pre-Action Protocol (justice.gov.uk) .............................................................. 20
Cases where a court application will not be issued include: ..................................... 21
6.
Court Approval .......................................................................................... 21
7.
Possession Claims Online (PCOL) ................................................................. 22
8.
Court Hearings .......................................................................................... 22
9.
Judgments and Orders ................................................................................ 22
General Form of Order ....................................................................................... 22
Possession Orders ............................................................................................. 23
10.
Court Costs ............................................................................................... 25
11.
After the Court Hearing ............................................................................... 25
12.
N244 Applications to vary Court Orders ........................................................ 26
Extend the 6 Year Period of the Order .................................................................. 26
Tenant Request to Vary the Court Order .............................................................. 26
Landlord Request to Vary the Court Order ............................................................ 26
Consent Orders ................................................................................................. 26
Errors and Omissions ......................................................................................... 27
13.
Eviction Approval ....................................................................................... 27
14.
Warrant for Eviction ................................................................................... 27
3
Possession Claims Online (PCOL) ......................................................................... 27
15.
Suspending a Warrant ................................................................................ 28
Customer Request to Suspend the Warrant .......................................................... 28
Consent Orders ................................................................................................. 28
Appeal Hearing ................................................................................................. 28
Offer of Payment at Eviction ............................................................................... 28
16.
Eviction .................................................................................................... 29
Section 6 - Non Secure Tenancies ......................................................................... 30
1.
What is a Non Secure Tenancy? ................................................................... 32
2.
No Right to Succeed ................................................................................... 32
3.
Mesnes Profit ............................................................................................. 32
4.
Arrears recovery profile for a non secure tenancy........................................... 32
4
Section 1 – Revenue Services
Aims and Objectives
The aim of the service is to maximise the rental income of Bolton at Home and assist
customers in sustaining their tenancies.
Early and preventative action will be taken to minimise the arrears to the organisation
and the customer, where possible preventing the need for possession proceedings,
reducing homelessness and sign posting for debt and money advice.
The objectives of the service are:
•
•
•
•
To enable customers to manage their rent accounts effectively by providing
practical help and advice
To reduce current and former rent arrears
To maximise income for customers by giving advice on benefits
To prevent debt for customers by providing debt and money advice
Our Service Standards
As well as adhering to Bolton at Homes general service standards, Revenue Services will
provide the following;
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A rent statement will be sent to all customers every 13 weeks
Credits on rent accounts will be refunded within 28 days of receiving a request in
writing
A range of payment options will be provided
Negotiate agreements with the customer taking into account income and
expenditure.
Provide advise on entitlement to welfare and housing benefits
Refer customers with debt problems to specialist advice
Help customers to complete housing benefit claim forms
Sign post to other services such as Citizens Advice Bureau and Welfare Rights
3. Rent and Service Charges
All Bolton at Home tenants are required to pay rent as part of the Tenancy Agreement.
The rent charged will vary from property to property and may include other charges such
as:
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Sheltered Management Charge (Housing Support Services management charge)
Warden (support element)
Careline
Heating
Concierge
Insurance
Furnished Tenancy
Intensive Housing Management (Sustainment and Support)
5
Section 2 – Pre Tenancy, Sign Up
& Termination
1. Sign up procedure
To assist new tenants or those transferring, appropriate advice should be given aimed at
helping them to avoid rent arrears.
When an offer is made on a property, the Revenue Services Officer must complete the
sign up checklist and carry out the following:
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Check for former tenant arrears and advise Tenancy Services and Former Tenant
Arrears Team
Carry out income/expenditure check
Advise of the payment options available
Complete an online Housing Benefit claim
Advise that rent is due in advance and take advance payment
Encourage direct debit payment
Highlight any vulnerability issues regarding income and budgeting (see section
1.8)
Encourage tenants to make early contact with the Income Management Team
should there be any problem which might effect payment of rent.
Once the sign up is completed, the Revenue Services Officer will pass the checklist to the
Administration Officer who will enter all the information on to OHMS including any
arrangement.
The Administration Officer will file the consent form.
Housing Benefit Entitlement
If the Housing Benefit trial calculation has identified an entitlement, additional
information is required. The Revenue Services Officer will:
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Complete a new online claim form or submit Housing Benefit Change of
Circumstance form
Request supporting evidence for the claim from the customer
Verify, photocopy and stamp any documents and return the originals to the
customer
Inform the customer to submit any missing information within the next 48 hours
Ensure the Housing Benefit Consent form is signed so that we have authority to
assist with the claim
Advise that Housing Benefit can only be paid from the date they move into the
property and not the tenancy start date
Advise the customer to send the Move Date form to Housing Benefit with the date
they moved in
Check eligibility for housing benefit payment on 2 homes
Make agreement for any shortfall
Housing Benefit Entitlement on Two Homes
6
If the tenant is entitled to benefit on two homes because their move was necessary, the
Revenue Services Officer should:
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
Complete an HB Overlap request form with the customer
Send document to Revenues & Benefits Unit
Preventing rent arrears
The following steps should be taken by all members of the Income Management Team to
assist people with rent arrears and other debts:
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Contact customers as soon as they get into arrears
Offering budgeting advice and refer to Money Skills
Refer customers with multiple debts to the Debt & Money Advice Team
Refer customers with no bank account or savings to our credit union HOOT
Advise customers of local Money drop ins at UCAN centres
Refer new customers to Tenancy Training to improve their skills
Welfare Benefits and Debt Advice
Where the Income and Expenditure assessment identifies affordability problems or
multiple debts a referral will be made to the Debt and Money Advice team to assist the
customer. We must advise the customer that it’s important that they engage with this
team as they can help maximise their income and help them reduce their outgoings.
Please refer to the Debt and Money Advice Policy and Procedure.
7
Section 3 - Payment
Arrangements
Basic Principles
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Always ask for a payment over the phone
Always ask for the payment in full
Negotiate down if the customer is unable to pay in full
The minimum arrears payment is £5 per week
For customers in severe hardship the minimum amount should not be less than
that set by the DWP direct deductions
Current rent is not negotiable and must be paid
Add a little bit extra to the agreement to get the customer in advance
When making any arrangement on Introductory Tenancies, make an arrangement
to clear the balance before the end of the Introductory Tenancy period
All arrangements should be added on OHMS
Any arrangements should aim to clear the debt by the end of the current financial
year.
Both current expenditure and other debt repayments should be taken into
account when making payment arrangements.
Rent is a priority debt and should be prioritised over all other debts
Review the arrangement periodically to see if the customer can afford more
Making an arrangement
The followings things need to be agreed for a successful arrangement:
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Ask for payment to be made immediately over the phone
The additional amount to paid as well as current rent
Frequency of payment
Date of the first payment
Method of payment
Inform the customer of the consequences of non payment
Arrangements on OHMS
Please consider the following when adding an arrangement to OHMS:
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The start date of the arrangement must always be a Monday because Monday is
when the debit is charged
For customers who tend to pay late in the week, we may want to set up the
arrangement a week later on OHMS to ensure that the arrangement doesn’t
break before the payment has cleared
Monthly Payers
When making a monthly payment arrangement, please remember that there is a
difference between monthly and 4 weekly payments.
If the account is in Arrears
8
We will work out the payment based on a 52 week year using the following formula:
Weekly shortfall x 52 = Annual Amount to Pay
Annual Amount to Pay divided by 12 = Monthly Amount to Pay
£10.00 x 52 = £520
£520 divided by 12 = £43.34
If the account is in credit or has a zero balance
We will work out the payment based on a 48 week year (because we have 4 non
payment weeks) using either of the following formula:
Weekly shortfall x 48 = Annual Amount to Pay
Annual Amount to Pay divided by 12 = Monthly Amount to Pay
Or:
Weekly shortfall x 4 = Monthly Amount to Pay
If the amount to pay has a decimal, always round up to the nearest penny.
Advance Payments
All payments are required in advance every Monday as per the tenancy agreement. If a
customer wants to pay on any of the following frequencies we should ask them to pay in
advance:
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Weekly when payments are made Tuesday to Sunday
Fortnightly
4 weekly
Monthly
The intention is to ensure that the tenant’s balance never goes into arrears either at zero
balance or remains in credit until the next payment is due.
Fortnightly
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The tenant has a weekly rent of £80 to pay but they want to pay £160 fortnightly
We will ask for the customer to pay £160 upfront to go £160 in credit.
When the first week’s rent is charged the credit will drop to £80.00
When the second week’s rent is charged the balance will be zero.
The customer will make another £160 payment and the cycle starts again
4 Weekly
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The tenant has a weekly rent of £80 to pay but they want to pay £320 4 weekly
We will ask for the customer to pay £320 upfront to go £320 in credit.
When the first week’s rent is charged the credit will drop to £240
When the second week’s rent is charged the credit will drop to £160
When the third week’s rent is charged the credit will drop to £80
When the fourth week’s rent is charged the balance will be zero.
The customer will make another £320 payment and the cycle starts again
Monthly
If the customer is not in arrears then their monthly advance payment will be the same
as a 4 weekly advance payment. This is because we only charge on a 48 week basis
rather than 52 and 48 divided by 12 is exactly 4. Please refer to the 4 Weekly section
for this guidance.
9
Customers in arrears and advance payments
Customers who are already in arrears are unable to pay their rent in advance as they are
always catching up. However once a customer is approaching clearing their arrears it is
important that we then ask them to get into an advance payment position based on their
chosen payment frequency. If the customer is unable to make the full advance payment
upfront, then they will need to continue with their current arrears repayment
arrangement to slowly get them into advance. When make this agreement we should
advise them:
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Advance payments are required as per the conditions of their tenancy agreement
The total amount that they are required to get into advance
The additional amount that they are required to pay
The date that they can stop making these additional payments to avoid
unnecessary credit on the account
Methods of payment
Bolton at Home offers the following payment methods:
Direct Debit
Customers should be encouraged to pay by Direct Debit as this is the most convenient
and cost effective method for Bolton at Home.
Customers can set up a direct debt over the phone by speaking to the Revenue
Serbvices team or Debit Control.
Alternatively direct debit forms are available in all Housing Offices or copies can be
printed from the Bolton at Home website. Completed Direct Debit Mandate’s are to be
returned to Debit Control.
Customers can pay via direct debit on a weekly or monthly basis. They can choose from
four payment dates, the 1st, 8th, 15th and 22nd.
Standing Orders
Standing Order forms are available at all offices or copies can be printed from Bolton at
Home’s website. They should be completed by the customer and forwarded to their
bank.
Cash Collection Site - Finance Department
This is currently closed due to refurbishment until March 2015.
The Bolton Council’s Corporate Resources have a cash collection site at Bolton Town Hall,
Victoria Square, Bolton, BL1 1RX
Opening hours are Monday to Friday 9.00 am to 5.00pm
In the event of a computer failure, cashiers should accept payments by use of the "back
strip".
Payment can be made by cash, cheque (payable to Bolton at Home), credit or debit card
at this office. Cash payments are not accepted at any Bolton at Home office.
Allpay Swipe Card Payments
10
All customers should be issued with a plastic swipe card.
Allpay.net provides the largest network of outlets and the greatest payment flexibility 24
hours per day, 7 days per week. There are over 40,000 outlets nationwide and 262
locations in Bolton.
Customers can make their payment at any Post Office or Paypoint outlet. For details of
the nearest outlet go to: www.allpay.net/outlets.php4
Allpay App
Smartphone users can download the free Allpay app where they can register their allpay
payment card number and bank details. Once registered they can use this app to
quickly make rent payments from their mobile phone.
Debit and Credit cards
Customers are able to pay by Debit and Credit Cards at Bolton Town Hall, over the
phone and via the internet. There is a small surcharge for Credit Card payments.
Staff can take a payment over the telephone by accessing Callpay.
If customers are calling outside of office hours, they can telephone (01204) 328000 24
hours a day or via the Internet at www.boltonathome.org.uk.
Customers will require an Allpay reference number to pay online as they will be directed
to the Allpay website.
Cheque
Customers can pay their rent by cheque made payable to “Bolton at Home Limited”
directly to:
Director of Finance
PO Bolton 4
Town Hall
Bolton
BL1 1RX
All cheques received must have the customer's name, address and tenancy reference
number written on the reverse.
If cheques are handed in to Bolton at Home, staff must examine the cheque to ensure
the following:
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Cheque is correctly dated
Cheque is made payable to Bolton at Home
The amount in words and figures agree
Any alteration on the cheque is initialled by the drawer
Cheque is signed
Cheque is crossed
No change must be given against cheques - any balance should go onto the rent
account.
11
Section 4 - Arrears Recovery
Procedure
Arrears Recovery Stages
The following stages are carried out when managing a case:
When
1 weeks
arrears
2 weeks
arrears
Output
Comments
Who
Telephone call
Tenants owing one weeks rent arrears
will be contacted.
RSO
Arrears Letter 1
must be sent
even with contact
Telephone call
Arrears Letter 2
A Rent arrears Pre-action Protocol
proforma is commenced at this point in
all arrears cases
Tenants owing two weeks rent arrears
will be contacted
RSO
This letter contains a Pre-NOSP warning
Debts below
£100
Notice Pending
2 reminder letters
All debts below £100 will be on hold
until the balance increases to £100 or
above
RSO
All debts that remain under £100 will
receive 2 further automated letters
reminding the customer that they are
still in arrears.
Any balance of
£100 or over
that is 4 weeks
old
All cases with a
balance over 4
weeks old and
over £300
without NSP
will be
monitored
Notice Seeking
Possession
Hand delivered
with compulsory
home
Reserves issued
by post
Check if there are
any former tenant
arrears and
whether these
have been
included on the
A Notice Seeking Possession will be
issued on all balances that have been
outstanding for 4 weeks or more (unless
the value is less than £100) where an
agreement has not been made and kept
to.
A NSP should be sent to each named
tenant separately with a rent statement
enclosed.
Cases where a NSP will not be issued
include:

Arrears due to Housing Benefit
delays where the customer has
RSO
12
tenancy
agreement
TSS Assessment
Form completed
with customer
Referral to Debt
and Money Advice

provided and responded to all
requests for information and full
entitlement has been calculated
Where the amount outstanding is
less than the court costs that will be
incurred as a consequence of the
court hearing.
An TSS Assessment Form is to be
completed at home visit and sent to TSS
if vulnerabilities are identified.
The following NSPs can be sent by post:
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Reserves
Where a home visit has already
been done within the last 4
weeks
Where the NSP is sent by post, the TSS
leaflet will be sent with it.
5 weeks
Telephone call
Arrears Letter 3
Make enquiry with
TSS. Do not
automatically
refer
Make enquiry with
Debt and Money
Advice
Contact the customer if there has been
no payment since NSP to make
arrangement
RSO
Send letter with details of AL3
appointment
If the TSS team are involved with this
customer (following the assessment
form completed at NSP) please contact
them to make them aware of the rent
arrears and discuss how we might be
able to engage with the customer.
If the Debt and Money Advice team are
involved with this customer please
contact them to make them aware of
the rent arrears and discuss how we
might be able to engage with the
customer.
6 weeks
(Must be within
2 weeks of
referring the
case to the
RCO for court
approval)
AL3 Pre-Court
home visit
Referral to RCO
AL4 Court
Warning Letter
Visit to the customer’s home. If the
Pre-Court home visit is unsuccessful, no
payment agreement can be made or the
arrears increase the case will be
referred to RCO and the AL4 will be
sent.
All static cases over £400 will go to
court.
If the debt is static and below £400 then
the case will remain with the RSO who
will check statics below £400 every 6-8
weeks.
If the static debt beings to increase
RSO
13
again and requires court at a later date
another Pre-Court home visit will be
carried out by the RSO within two weeks
of the Court Approval being submitted.
7 weeks
8 weeks and all
cases owing
over £500
Court Approval
Pending
Court Letter 1
PCOL application
made
RSO to complete Court Approval and
send to RSOM who will sign off
electronically and override to the next
stage
RSO
A letter will be sent to the customer
advising that an application has been
requested and the tenant needs to
contact the office urgently.
RSOC
Once approved the file will be passed to
the RSO – Court who will make the
court application on PCOL.
Cases where a court application will not
be issued include:
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Arrears due to Housing Benefit
delays where the customer has
already provided and responded to
all requests for information and full
entitlement has been calculated
The sustainment and support team
are working with the customer and
have identified that the arrears will
be cleared as a result of their action
Where the amount outstanding is
less than the court costs that will be
incurred as a consequence of the
court hearing.
Where the pre-action protocol has
not been adhered to
Where bankruptcy or debt relief
order has been made against the
debt
For all cases over £600 permission from
the RSOM must be given to withhold
court action and pursue an alternative
strategy.
The RSO – Court at this point will create
a court file for use by the RCO. The file
should include relevant documents such
as:
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The Pre-Action Protocol proforma
Tenancy Agreement
RSOM
RSOM
14
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On receipt of
the court date
Court Letter 2
List circulated to
relevant teams
NSP
Certificate of Service
Court letters
Rent Statement
OHMS Notes
Any other relevant documents
Details of the court hearing will be sent
to the customer once confirmation is
received of the date from the court.
RSOC
List of all court applications to be
circulated to relevant teams with
names, addresses and hearing dates
Waiting for the
court hearing
Telephone call,
letter or home
visit
Continue to contact the customer whilst
waiting for the court hearing to try and
make an agreement
RCO
2 weeks before
court hearing
Court Letter 3
including rent
statement
required as per
pre-action
protocol
This letter advises of any agreement
that has been made and the order that
we intend to request including details of
any costs
RCO
Compulsory PreHearing home
visit if customer
still not engaging
and we have not
visited within the
last 2 weeks
At and
following the
hearing
This will be hand delivered with
accompanying visit if the customer is
not engaging. Can be posted if tenant
in contact.
Attend the
hearing
The RCO will attend court with a
representative from our legal team.
Court Letter 4 to
10 depending on
hearing outcome
At the hearing we will ask for court costs
incurred by Bolton at Home and request
a judgment from the court. See 3.2 for
a list of orders.
RCO
RSOC
The RSOC will post a letter to the
customer with the hearing outcome.
First missed
payment – If
adjourned
Telephone call
RCO
Adjourned
Breached Letter
Informs the customer that they are in
breach of their adjournment. Gives the
tenant the opportunity to catch up with
the payments that have been missed
and offers support in the form of
appointment if necessary.
Second missed
payment – If
adjourned
Adjourned
Relisted Letter
Informs the tenant that we have
requested the case to be relisted in
RCO
15
court for a further hearing.
We should then revert back to the Court
Letter 3 stage within this procedure.
First missed
payment – If
on order
Telephone call
Court Order
Breached Letter
If no response
Or immediately
after IPO
expires (if keys
are not
returned)
Pre-Warrant
Interview Letter
AL7 Interview
with RSOM
Contact customer by phone and send
letter whether contact is made or not.
RCO
Letter informs tenant that they are in
breach of their court order and their
home is at risk. Gives the tenant the
opportunity to catch up with the
payments that have been missed and
offers support in the form of
appointment if necessary.
RCO send the Pre-Warrant Interview
Letter. Letter invites customer to attend
a Pre-Warrant Interview with the RSOM.
RCO
RSOM
The following sections on the eviction
approval form will be completed prior to
the AL7 appointment:
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Income details
Court hearing history
Under-occupation section
HB section
Reason for AL7 interview
A rent statement will be provided to
the RSOM
A recovery profile history will be
provided to the RSOM
The rest of the form will be completed
after the AL7 when a warrant is required
AL7 will only be booked for cases
with a genuine risk of eviction.
The manager may decided to waiver
the AL7 if they can see that the
customer is already actively
engaging but still refusing to pay.
RSOM to record outcome of interview on
OHMS.
No attendance
at AL7
interview or
further missed
payment
Compulsory PreWarrant Home
Visit
Make enquiry with
TSS. Do not
No letter is generated but the officer
must attend a home visit within 14 days
of any Eviction Approval Request being
submitted.
If the TSS team are involved with this
RCO
16
automatically
refer
customer (following the assessment
form completed at NSP or other referral)
please contact them S to make them
aware of the pending eviction and
discuss how we might be able to engage
with the customer
First missed
payment after
the
visit/agreemen
t or if no
contact can be
made
Eviction Approval
Request
RCO will submit the eviction approval
report to the RSOM who will make any
further recommendations or approve.
RCO
This will then go to the PIMSM and AD
to approve the eviction.
PIMSM
Immediately
after approval
received
Warrant
Application Letter
Letter is sent to the customer informing
them of the warrant being issued and
the RSOC applies for the warrant on
PCOL.
RCO
Immediately
after Eviction
Date received
Eviction Date
Received Letter
The RSOC will do the following:
RSOC
Hand delivered
with
accompanying
Pre-Eviction home
visit
List circulated to
relevant teams
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Send a letter to the tenant to
inform them of date and time of
Eviction.
List of all eviction dates to be
circulated to relevant teams with
names and addresses.
A lock change is booked with
technical services.
Inform the Homelessness Team
of the potential eviction.
The Revenue Court Officer will hand
deliver the Eviction Date Received letter
with a compulsory home visit. The
intention of this visit is to stop the
eviction from going ahead by
negotiating clearance of the arrears and
resolving any benefit issues.
Other reasons for possession will be
considered such as ASB or other
breaches of tenancy. Assuming arrears
is the only reason for possession,
attempts to negotiate a lump sum and
an ongoing payment agreement should
be proposed. This should be discussed
with the RSOM.
If no mutual agreement can be made
and eviction is the only appropriate
option, the RCO must make every effort
to obtain a forwarding address.
RSOM
RSOC
RCO
17
If appeal is
submitted
Warrant Appeal
Hearing
The RCO will attend the appeal hearing
with a representative from Legal
Services.
RCO
RSOC
If the warrant is suspended the new
agreement (and new arrears amount as
per date of the hearing) should be
entered onto OHMS. If this agreement
is breached we should revert to “Arrears
Letter 6” section of this procedure.
If the warrant appeal is dismissed then
the RSOC will:




On Eviction
Date
Eviction Executed
Send a letter to the tenant to inform
them of date and time of Eviction.
List of all eviction dates to be
circulated to relevant teams with
names and addresses.
A lock change is booked with
technical services.
Inform the Homelessness Team of
the potential eviction.
The RCO will add the status code 79 to
OHMS so that the eviction will be picked
up in the performance reports.
RCO
RSOC
The RSOC sends out a distribution email
to all appropriate staff to advise them
that the eviction took place.
The tenancy is terminated from the
following Sunday.
OHMS Recovery Profile
Any procedure for case management should be reflected in the Recovery Profile within
the OHMS system. Each stage in the procedure should have it’s own Status Code and
Description.
When we create a Recovery Profile this will need to be replicated on every individual
patch and account type.
When creating a Status Code:

We must choose the Status Type:
o U means that a letter can be attached
o M means that this a monitor stage and the account will hold at this stage
o N is the Notice Seeking Possession stage which allows users to enter
Notice details
o C is the Court Order Outcome stage which allows users to enter the Court
Order details
o E is the Eviction stage which allows users to enter the Eviction Date
18





A minimum balance can be set before the next Status Code will trigger
We can set the number of Debit Periods before each Status Code will trigger and
these can be based on net or gross debits
We can attach up to 3 letters for each Status Code and one letter will
automatically be generated each week until all letters have been sent
The Revert to Status field defaults to No Status or users can enter the Status
Code number to revert to another stage
00 – This is the number of debit periods the Status Code will hold however this
function only works on Status Codes without letters attached to them
Where possible it is easier to change the settings and description of existing Status
Codes rather than deleting and creating new ones.
19
Section 5 - Court And Eviction
Court Proceedings
The Housing Act 1988 specifies that a Court Order is required to bring an Assured and
Assured Shorthold tenancy to an end. The Court Order will specify the date the tenancy
is will end. Action to evict the tenant cannot commence before this date.
Throughout the process the officer must maintain contact with the tenant and attempt to
take payments or make arrangements to repay the arrears.
Serving a Notice Seeking Possession
Once arrears have been outstanding for 4 weeks or more we must service a Notice
Seeking Possession on all named tenants to start the legal process. A court application
can not be submitted until after the effective date specified in the Notice of Seeking
Possession.
For Assured and Assured Shorthold Tenancies, proceedings cannot commence earlier
than 2 weeks after the next weekly rent day following service of the NSP.
Proceedings must commence within 12 months of the date specified in the NSP. If a
court application has not been submitted within 12 months from the effective date, the
NSP becomes invalid and a new NSP needs to be served on all named tenants.
Grounds for Possession
For purposes of Rent Arrears Bolton at Home currently only issue NSPs on Ground 10.
However there are 3 Grounds for possession relating to rent arrears and one or more of
these grounds can be used on the same court application.
Ground 8 is mandatory which means that as long as the law has been followed and that
all legal documents are correct, the judge must give possession. Ground 10 and 11 are
discretionary meaning that the decision to give possession lies with the judge at the
hearing. The judge will make a decision based on what they think is reasonable.
We would use each ground in the following circumstances:
Ground 8
Rent is unpaid at the time of service of Notice seeking possession and at the time of the
hearing for a Possession Order;
a) In the case of rent paid weekly or fortnightly at least eight weeks rent is owing.
b) In the case of rent paid monthly at least two months rent is owing.
c) In the case of rent paid quarterly at least one quarters rent is more than three months
over due.
d) In the case of rent paid yearly at least three months rent is more than three months
over due.
Two months rent arrears will normally give the Landlord an automatic right to a
Possession Order.
20
Ground 10 and 11 are discretionary meaning that the decision to give possession lies
with the judge at the hearing. The judge will make a decision based on what they think
is reasonable.
Ground 10
Rent which is lawfully due from the tenant has not been paid by the time the possession
proceedings are started and was owed at the time the Notice seeking possession was
served. If a tenant has been offering the Landlord rent and the Landlord refused to take
it, the tenant will have a defence to the possession proceedings but must pay the
amount owed in to court.
Ground 11
The tenant has repeatedly failed to pay rent on time. There need not be rent arrears at
the time possession proceedings are started.
Legal Wording of Grounds
When preparing an NSP the wording of the grounds should be exactly as follows:
Ground 8
Both at the date of the service of the notice under section 8 of this Act relating to the
proceedings for possession and at the date of the hearing
(a) if rent is payable weekly or fortnightly, at least thirteen weeks' rent is unpaid;
(b) if rent is payable monthly, at least three months' rent is unpaid;
(c) if rent is payable quarterly, at least one quarter’s rent is more than two months in
arrears; and
(d) if rent is payable yearly, at least three months' rent is more than three months in
arrears;
and for the purpose of this ground “rent” means rent lawfully due from the tenant.
Ground 10
Some rent lawfully due from the tenant
(a)
is unpaid on the date on which the proceedings for possession are begun;
(b)
except where subsection (1)(b) of section 8 of this Act applies, was in arrears at
the date of the service of the notice under that section relating to those proceedings.
Ground 11
Whether or not any rent is in arrears on the date on which proceedings for possession
are begun, the tenant has persistently delayed paying rent which has become lawfully
due.
Pre-Action Protocol (justice.gov.uk)
This protocol applies to residential possession claims by social landlords (such as local
authorities, Registered Social Landlords and Housing Action Trusts) and private
registered providers of social housing which are based solely on claims for rent arrears.
The protocol does not apply to claims in respect of long leases or to claims for
possession where there is no security of tenure.
The protocol reflects the guidance on good practice given to social landlords and private
registered providers in the collection of rent arrears. It recognises that it is in the
21
interests of both landlords and tenants to ensure that rent is paid promptly and to
ensure that difficulties are resolved wherever possible without court proceedings.
Its aim is to encourage more pre-action contact between landlords and tenants and to
enable court time to be used more effectively.
Courts should take into account whether this protocol has been followed when
considering what orders to make. Registered Social Landlords, private registered
providers of social housing and local authorities should also comply with guidance issued
from time to time by the Housing Corporation and the Department for Communities and
Local Government.
A copy of the pre-action protocol can be found at:
http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_rent
If we can not demonstrate that we have followed the pre-action protocol at the hearing
the case may be adjourned or struck out.
Cases where a court application will not be issued include:









Where the pre-action protocol has not been adhered to
The NSP is invalid
Arrears due to Housing Benefit delays where the customer is cooperating and has
provided all supporting evidence to Housing Benefit and full entitlement and
backdate has been calculated
Arrears due to Housing Benefit delays where the customer is cooperating and has
provided all supporting evidence to Housing Benefit and is maintaining known
shortfalls and arrears repayments
The Sustainment and Support team are working with the customer and have
identified that the arrears will be cleared in full as a result of their action
The Debt and Money Advice Team are working with the customer and have
identified that the arrears will be cleared in full as a result of their action
Where the amount outstanding is less than the court costs that would be
incurred.
Where bankruptcy or debt relief order has been approved against the debt (See
Debt and Money Advice Procedure)
Where a court application has already been made for possession proceedings on
different grounds such as ASB or other breaches of tenancy
Managers have discretion to override this where:




Enforcement of a static debt is required and all other forms of recovery action
have not succeeded
They are not confident that the action being taken by other departments will clear
the balance in full
The arrears pre-date the housing benefit backdate time limits
The customer is not maintaining
Court Approval
Once the decision to submit to court has been made, the Court section of the Court and
Eviction Approval report will be completed by the officer and sent to the manager for
approval. The manager may refer this back to the officer by completing the “Alternative
Action” section asking for further recovery work to be carried out. Once approved they
will notify the Revenue Services Officer - Court to prepare the court application online.
Possession Claims Online (PCOL)
Court applications are made online at: www.possessionclaim.gov.uk/pcol/.
The current fee for each application is £250.00.
Once submitted, we must then send to the defendant, no later than 7 days from issue:



The Court 1 letter advising that the claim has been submitted to court
A statement of account. Statements should be for the past 2 years or from
whenever the account was last clear.
A Notice Of Acting (this informs the customer that Solicitors will be representing
Bolton at Home)
The officer must continue to contact the customers to negotiate repayment of the
arrears right up until the court hearing.
Court Hearings
Revenue Services will arrange attendance at Court. The officer attending must have
reviewed the case and made a decision on the type of Order being requested.
We will need to provide evidence of:


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





The start date of the tenancy
The service of the NSP (an Affidavit of Service)
A break down of current rent and charges payable
Housing Benefit entitlement
Current balance
Any agreements to pay
Actions taken to recover the arrears
Income and household details (if available)
The court order being requested
Judgments and Orders
Depending on the situation there are various types of adjournments and possession
orders. Adjournments are preferred both by tenants and their solicitors because these
pose less of the threat to the tenancy. We are not asking for possession of the property
when we use these. When we request a Possession Order it means that Bolton at Home
are requesting possession of the property. Once we have a Possession Order we can
issue a warrant for the eviction if the tenant continues to default on their payments.
Below is a list of the various things we can ask for at court and examples of when it is
appropriate to use them.
General Form of Order
For cases with zero balances at the hearing
Adjourn Generally with the Liberty to Restore



When tenant has cleared their balance in full and the arrears were due to delays
in Housing Benefit.
Where the tenant has cleared their arrears in full and the Team Leader has
agreed to absorb the court costs after dealing with a complaint from the tenant.
Where the tenant has cleared their arrears in full and court costs have previously
been awarded at an earlier hearing.
Adjourn Generally with the Liberty to Restore plus Court Costs
22
23


Same as above but includes costs.
When tenant has cleared their balance in full prior to the hearing but has no
reasonable excuse for the delay in payment, i.e. no housing benefit delays.
For cases with balances less than 6 multiples of the weekly rent
Adjourn on terms of current rent plus £x.xx per week plus Court Costs



Where arrears remain on the account but they are under 6 weeks rent.
Where we have made an agreement with the tenant or the solicitor to adjourn in
return for a lump sum payment.
Some judges will not award court costs unless a possession order is requested.
However it is good practice to ask for these anyway. If they are awarded ensure
that costs are not requested a second time once the case is relisted.
Adjourn for 28 (56 days, or next available date) on terms of current rent plus
£x.xx per week plus Court Costs



Use this where the tenant is maintaining a balance which is currently below 6
weeks but we suspect that they are likely to default on their payments shortly
after the court hearing. This means we can easily request an Order when we
receive the relisted date.
Some judges will not award court costs unless a possession order is requested.
However it is good practice to ask for these anyway. If they are awarded ensure
that costs are not requested a second time once the case is relisted.
A new hearing will automatically be listed when we use this order. We will be
sent details of the date in due course.
For cases where we need more time regardless of balance
Adjourn for 28 (56 days, or next available date) on terms of current rent plus
£x.xx per week



Use this if we are expecting a lump sum payment from either the tenant or
Housing Benefit but we don’t know what the amount is yet. We should not
request a possession order where unknown payments are expected as any lump
sum payments received after the court order is made will put the tenant ahead of
their order. This will make regular payments difficult to enforce. We will ask for
costs at the next relisted hearing.
Use this if there is a disrepair case outstanding or any other legal issue which we
think might jeopardise the order. This provides more time to investigate and
seek legal advice if necessary.
A new hearing will automatically be listed when we use this order. We will be
sent details of the date in due course.
Possession Orders
We will generally ask for one of the following Orders if the debt is 6 multiples of the
weekly rent or more. As we issue on Ground 10, there is no guarantee that the judge
will grant any of these as a possession order is awarded at the judge’s discretion
however we should make the request based on the following:
24
Postponed Possession Order on terms of current rent plus £x.xx per week.
Court costs of £169.50. Money judgment for the debt



These are no longer used by Bolton at Home and should not be requested for new
orders.
These orders were used historically and occasionally we may come across cases
that have postponed orders.
If a judge attempts to give a postponed order we should challenge this with the
following information:
Following the case of Knowsley Housing Trust & White (Honeygan-Green v London
Borough of Islington; Porter v Shepherds Bush Housing Association) the House of Lords
overturned the decisions of the lower courts and held that Assured Tenancies under the
Housing Act 1988 Act do not end until a warrant is executed or the tenant otherwise
leaves the property. The Postponed Possession Order was appropriate to prevent
tolerated trespassers however this is no longer required. A Postponed Possession Order
could result in further and unnecessary costs being incurred for the customer should a
fixed date be required in future.

We will not be given a possession date on this order which means that we will
need to re-apply to court should the tenant breach the agreement. When the
tenant breaches the agreement we must serve a PPB which gives them 14 days
to pay the balance of the order. If they do not comply we must then submit a
N224 application to apply for a possession date without a hearing.
Suspended Possession Order on terms of current rent plus £x.xx per week.
Court costs of £169.50. Money judgment for the debt and costs

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

Use this order where the arrears are above 6 weeks and there is an agreement to
clear the arrears. The agreement should match the terms of the order.
With this order, possession is suspended whilst the tenant continues to pay.
If the tenant defaults on the payments possession is awarded automatically 28
days after the order is made.
The possession date will be stated on the order to minimise confusion.
Technically the tenant should return the keys on the 28th day if they default on
the payments but this rarely happens.
If once 28 days has passed we can show that tenant has breached the agreement
and can issue a warrant for eviction using the court form N325.
Possession within 7 (14, 28, 56) days
If we intend to seek possession without terms regardless of the number of days we
should seek eviction approval prior to the hearing.
Use this order where the tenant is still living at the property however there has been no
contact from the tenant and/or no payments have been made. The judge will probably
rule as follows:
7 days – Where the debt is excessive and any further delays will just incur further
arrears. We can demonstrate that the tenant has somewhere else to live.
14 days – We are confident that the tenant is not going to make payment but we can not
confirm where the tenant will live once evicted.
28 days – Where the tenant has a family and will need to be given adequate time to
vacate the property.
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56 days – As per 28 days. Where the judge attempts to award this it is worth stating
that the arrears will increase by 8 weeks in value by this time and there is no guarantee
that they will vacate on this date.
In the Bolton Court we always ask for 14 days in every instance as the court is unlikely
to give us 7. If we ask for 14 he/she may grant 28 etc.
Possession within 14 days served on Ground 8

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

Possession Orders served on Ground 8 are not permitted by Bolton at Home and
should not be requested.
This order is used to gain mandatory possession. This means that the judge
must grant possession within 14 days as long as we can demonstrate (via a rent
statement) that the arrears where equal to or higher than 8 multiples of the gross
rent on both the date of service of the NOSP and at the court hearing.
Because 8 multiples of gross rent is required for this ground a NOSP can only be
served at 8 weeks or more.
Possession gained on Ground 8 should always be within 14 days.
Immediate Possession Forthwith
Use this order when the tenant has already abandoned the property. Internally eviction
approval must be sought prior to requesting immediate possession date. Lawfully a
warrant can be issued immediately. If we are aware that we intend to seek Immediate
Possession before the hearing and have a reasonable case for doing the eviction
approval form should be submitted prior to the hearing so that a warrant can be applied
for immediately after being awarded possession.
Money Judgment and Court Costs Only
Where a court application has been made but a tenancy has since ended because the
tenant has surrendered the property and returned the keys, we should not withdraw the
case. Attend the court hearing and inform the judge that the tenant has now vacated
the property following the court application but request a money judgment for any
balance owed and for the court costs to be added to the debt.
Court Costs
At the hearing we will always ask for the court costs to be added to the debt so that
these can be recovered from the tenant. Current costs are:



£250.00 submission fee
£72.99 - £88.50 Solicitors fees (the difference in costs is dependent on the
qualification of the solicitor – the tenant is informed of this before the hearing
date)
£110.00 to issue a Bailiffs Warrant
If the judge awards costs at the hearing but upon receipt of the order, the costs are not
included we can write to the clerk and ask them to amend the order as per the judge’s
decision.
You can request costs at any future hearings if the judge does not award them.
After the Court Hearing
26
After the Hearing, the officer must:
Send Court Letter 4 to 10 depending on hearing outcome to the tenant
Amend the rent account to include the court costs awarded
Add the court order details to the court screen
In the case of an adjournment on terms or suspended possession order, add the
arrangement
Feedback to all officers of the court orders obtained on their patch
The court order will expire when:
The specified arrears are settled
6 years since the date of the order has passed
Warrants for court orders that have exceeded the six year period can still be executed by
requesting permission from the court via an N244 application. Legally this can be done
for another 6 years following expiry of the court order as long as the debt has never
been cleared since the original order.
N244 Applications to vary Court Orders
Extend the 6 Year Period of the Order
Some judges may be willing to extend the terms of the order after the six year period
via an N244 application. This is more likely to be awarded prior to expiry but it can be
done even after the case has expired. This is unlikely to be awarded if the expiry was
more than 6 months before. Again we will need to demonstrate that the debt has never
been cleared since the original order. Not all judges will be willing to do this so in some
instances it might be better to start at the beginning with a service of NSP and following
the procedure again from this point.
Tenant Request to Vary the Court Order
A tenant has the right to appeal against a court decision for Possession, a Money
Judgement, or both. If there has been a change in the tenant’s circumstances and they
can not meet the original terms of the order, they must be advised to submit an
application directly to the court to vary the court order.
The tenant must be advised to complete the N244 form. If the tenant can provide
evidence that they are claiming benefits the court will accept this free of charge
otherwise there is a set fee of £65 for paper applications and £105 for applications that
require a hearing.
Landlord Request to Vary the Court Order
If the tenant has a change in circumstances, such as getting a job we may decide that
we want to increase the terms of the order based on their new income details.
We must complete the N244 form. There is a set fee of £65 for paper applications and
£105 for applications that require a hearing.
Consent Orders
If either we or the tenant wants to oppose the application it will be necessary to request
a court hearing so that the judge can listen to both parties and make a decision.
27
However if the other party agrees to the application then a hearing can be avoided by
completing a Consent Form with the new terms and asking all parties including the
tenants to sign it. This should be submitted as evidence with the N244.
Errors and Omissions
Legal paperwork is not automatically invalid if it contains errors or omissions. The case
is only likely to get struck out if the paperwork is scrutinised. Any order that is made
upon papers which are later deemed inaccurate has to be overturned by N244
application by the defendant and should not automatically be withdrawn.
Eviction Approval
Once the decision to evict has been made, the Eviction section of the Court and Eviction
Approval report will be completed by the officer and sent to the manager for approval.
The manager may refer this back to the officer asking for further recovery work to be
carried out. Once approved they will send this to the senior manager for final approval
who will then notify Revenue Services Officer - Court to issue the warrant online.
Warrant for Eviction
A warrant for eviction can be issued:
If the tenant fails to maintain payments as per the order
If immediate possession is obtained
When the date of possession on the order has passed
Once the possession date has passed the tenancy has lawfully ended meaning that the
tenant is supposed to surrender the keys to the property and give vacant possession
back to the landlord. In most cases the tenant will not surrender the property wilfully so
a warrant must be issued to the court for a bailiff to fix a date for an eviction.
Possession Claims Online (PCOL)
Warrant applications are made online at: www.possessionclaim.gov.uk/pcol/.
The current fee for each application is £110.00.
Once submitted, we must then send the Warrant Application Letter to the customer to
let them know that an eviction date has been requested. The officer must continue to
contact the customer to negotiate repayment of the arrears right up until the eviction
date.
The customer will be informed by the County Court of the time and date of their eviction
and a bailiff will be organised.
Once the date is received we should:

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

Add the details of the eviction to OHMS
Add the warrant costs added to the account
Send Eviction Date received letter to the customer confirming the Bailiff’s
appointment
Advise the Homeless Welfare section of the pending eviction
Confirm the eviction with the Bailiffs
Inform Tenancy Services of the eviction
28
The Tenancy Management Officer will make arrangements for the CBRO and the Gas &
Electric operatives to attend the eviction to isolate the property and change all the locks.
If the customer can clear the account in full before the eviction date we can request that
Legal Services contact the courts to withdraw the warrant.
Suspending a Warrant
Customer Request to Suspend the Warrant
A tenant has the right to appeal the eviction to suspend the warrant. The tenant must
be advised to complete the N244 form advising the courts the reason for non-payment
and how they intend to repay the debt.
If the tenant can provide evidence that they are claiming benefits the court will accept
this free of charge otherwise there is a set fee of £65 for paper applications and £105 for
applications that require a hearing.
The charge is not applicable if the tenant is on the following benefits:





Income Support
Income based Job Seekers Allowance
Employment Support Allowance
Disabled Person’s Tax Credit
Working Tax Credit
The tenant must provide evidence of the benefit such as a letter or the current benefit
book.
In the case of working tax credits the tenant must provide the notice of award from the
Inland Revenue.
If a customer is on JSA ‘Contribution’ based they are not exempt from the charge.
If the tenant is not on any of the benefits listed above they will have to complete a
EX160 form the court along with evidence of their financial details. The completed
EX160 will allow the courts to decide what fee (if any) the customer will pay.
Consent Orders
If either we want to oppose the application to suspend the warrant it will be necessary
for the tenant to request a court hearing so that the judge can listen to both parties and
make a decision.
However if we agree to the application then a hearing can be avoided by completing a
Consent Form with the new terms and asking all parties including the tenants to sign it.
This should be submitted as evidence with the tenant’s N244.
Appeal Hearing
If no agreement can be reached the courts will arrange an appeal hearing prior to the
eviction date where the customer, a Revenue Services Officer and a Legal
Representative will attend court. The Judge will make a decision based on the evidence
whether to suspend the warrant or proceed with the planned eviction date.
There will be further costs involved to the tenant to the value of £30.00 regardless of the
outcome.
Should the warrant be suspended, we should notify the Tenancy Management Officer
who will cancel the orders for the operatives and police attendance where necessary.
Offer of Payment at Eviction
29
Where the customer offers to pay the arrears and court costs in full on the day of the
eviction, we must advise the customer:




The payment must be in full
The payment must be in cash only
Payment at this stage will not necessary mean that the eviction is cancelled
A payment means that providing a new tenancy will be considered by a manager
Please seek approval from the line manager if full payment is offered at the eviction as
there may be other reasons for wanting to eviction the customer.
Eviction
A Tenancy Management Officer will represent Bolton at Home at the eviction and will
sign the Bailiff’s Warrant once vacant possession has been obtained. The Tenancy
Management Officer will complete an inventory of any goods left in the property and
serve a ‘Goods Notice’ if anything is left.
The Tenancy Management Officer should pass the Estate Management file to the Former
Tenants Arrears Team.
Section 6 – Bedroom
Reclassification
Establishing a bedroom size criteria
When determining what information to consider when we classify a room as a bedroom,
the room should be capable of accommodating a single adult bed, a bedside table and
somewhere to store clothes as well as providing space for dressing and undressing. This
definition has been taken from an upper tier tribunal hearing - (see paragraph 33 of
Nelson). Overcrowding guidance states that a bedroom for 1 person should be at least
70 square feet however there is nothing linking this to the under-occupation legislation.
If a customer is affected by the bedroom tax and states that the bedroom is too small or
less than 70 square feet:

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
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Ask the customer if the bedroom can accommodate a single adult bed (90cm x
190cm), a bedside table and somewhere to store clothes (drawers/wardrobe), as
well as providing space for dressing and undressing
If the response is yes, then it’s highly likely that we will class the room as a
bedroom
If no or unsure email Asset Management with the full name, address and
telephone number and advise that the customer is disputing the size of the
bedroom and that an inspection is required
Asset Management will then undertake a property survey of the bedroom
The surveyor will take into account location of radiator, door opening, bulkhead
etc on his survey notes and will then return the survey to the Revenue Services
Manager
If there are issues accommodating a bed, the following adaptations will be
considered to avoid the property being reclassified:
 Moving the radiator onto another wall
 Moving plug sockets
 Rehanging a door so that it opens outwards
 Putting child safety restrictors on windows
The Revenue Services Manager will approve works to be carried out
Asset Management will submit the request for the required works and the cost of
the work will be charged to the Repairs and Maintenance budget
If the bedroom is too small and reclassification is required then this will be
approved by the Principal Income Services Manager
If we do not reclassify, advise the tenant to appeal to Housing Benefits stating
that the bedroom is too small as they will also review the bedroom to determine if
it should be classed as a bedroom for the purposes of their Housing Benefit claim
Send out the following letter confirming
Written notification will be sent to the tenant advising of the outcome along with
notifying Housing Benefits and Debit Control if there are changes to the property size
G:\REGREP\Income Management Folder\Letters\New Letters for OHMS - December
2015\bedroom assessment.dot
Decisions on bedroom tax assessments can be found G:\Bedroom Assessments
Adaptations criteria
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31
When determining if we will reclassify a property, a property will have had to have had
extensive adaptations to support the independent living of a disabled or vulnerable
tenant(s).
There are varying adaptations that need to be taken into account such as a purpose built
extension, a wet room, stair lift, level access for a wheel chair, purpose built kitchen –
e.g low level units, through floor lift etc
In the first instance, if a tenant is affected by the bedroom tax, support will be provided
by undertaking a financial assessment by The Debt and Money Advice Team. This will
determine what support is required regarding their financial ability to pay the rent due to
under occupying.
A DHP application should be completed in all cases where there are vulnerabilities and
adaptations within the property.
If a DHP is refused, and after an appeal has been submitted, consideration should then
be made if a customer is unable to pay the shortfall (Debt and Money Advice would need
to provide a detailed financial assessment).
Consideration should then be determined if the adaptations are extensive? If they are
not, no reclassification occurs and the tenant has to decide if they want to stay and pay
or move to a smaller property (this will be dependant upon their housing needs).
If yes, then if moving to a smaller property is not practical, a DHP has been exhausted
and the tenant is unable to pay the shortfall then a decision to reclassify would need to
be made by the Principal Income Management Services Manager.
For info - previous reclassifications have been undertaken on properties that due to a
tenant’s disability have had through floor lifts directly into a bedroom.
We have also reclassified 3 properties which have had considerable adaptations. If we
had not reclassified, it would have resulted in significant costs to Bolton at Home and
would have also impacted on the wellbeing of the tenant if they were unable to remain in
their home.
32
Section 7 - Non Secure Tenancies
1. What is a Non Secure Tenancy?
Lawfully there is no such thing as a non secure tenancy but occupiers left in the property
when the named tenant has left or passed away as are often referred to as having an
unsecured tenancy. Technically they have no tenancy at all and are staying at the
property unlawfully.
No Right to Succeed
If the named tenant has died leaving other people in the property we may decide to
grant a new tenancy at our discretion if we think it is reasonable to do so. The reasons
for doing this are various and the approval is required from the Principal Housing
Manager. However if we decide not to grant a tenancy we will serve a valid Notice to
Quit asking the occupier to leave the property. We will offer them more suitable
accommodation where we can however ultimately they have no right to stay in the
property and failure to leave will result in possession proceedings being initiated.
Mesnes Profit
Once the NTQ has expired, a mesnes profit account can be set up so that the occupier
can continue to pay charges for use and occupation until they vacate the property. If
they are on a low income and are unable to afford the charges on the account, they are
liable to claim Housing Benefit for use and occupation.
It is essential that we do not insinuate that this is tenancy as this may make it difficult to
evict them if they refuse to vacate the property. In order to ensure the charges are paid
we must:



Ensure all letters that we send to the occupier in respect of unpaid rent refer to
outstanding “charges” and not “rent”
Issue a payment card in the name of “The Occupier”
Do not include any name on the payment card
Arrears recovery profile for a non secure tenancy
The following profile applies:
Status
Code
Status Description
Letter Attached
Comments
10
NS Letter 1
Non Secure Letter 1
Generated after 1 week’s
arrears
20
NS Letter 2
Non Secure Letter 2
Generated after 1 week’s
arrears
29
Notice Pending
30
Notice Status
Holds until manual input of
status 30
Non Secure NTQ
33
35
Notice Monitor Period
40
Trespasser Letter
49
Court App Pending
50
CC App to Court
Officer
78
Eviction Status
Holds for 5 weeks before
moving to status 40
Trespasser Letter