J9’S EVICTION PRE ACTION PROTOCOL
J9 will use evictions as the last resort where all other means have failed to get the tenant to honour their agreement, usually this means to pay their rent. Even when eviction proceedings have begun J9 will be prepared to negotiate and suspend action if a reasonable compromise can be made, usually this means the arrears are paid off within a reasonable time frame. J9 has never evicted a tenant who genuinely is unable to pay rent. Where we have evicted it has always been those who willfully refuse to pay rent or fail to cooperate in claiming Housing Benefit or other benefits.
J9 will allow moderate rent arrears and not evict where the failure to pay is due to circumstances outside the control of the tenant e.g. Housing Benefit (HB) delay, illness, accident etc, providing the tenant has done everything that could reasonably be expected to help to reduce the loss of income to J9 i.e. claimed HB and provided information as requested by the HB Department, chased up their claim, where necessary made appeals and generally fully co-operated in the process of claiming HB including if necessary making a counter claim.
J9 will before taking eviction proceedings do all they can to seek to engage the tenant in discussing any problems they have in paying their rent by visiting the tenant’s home at least three times and or calling, texting and writing to the tenant. However, this does not absolve the tenant from their legal duty to seek out the landlord and to pay the rent, not for the landlord to ask for the rent.
J9 will clearly explain to the tenant that they will be evicted if they fail to pay their rent or break the terms of their tenancy. That the withholding of rent for repairs, breakdown in heating (if supplied) or for tenants to use the rent money for, amongst other things, holidays, presents, medications, funerals etc is not a reasonable excuse. Neither is the loss of rent money by theft, accident or mishap, the tenant is expected to claim a loan from the Benefits Department to cover this (Crisis Loan).
J9 will help tenants to claim Housing Benefits and assist in any way they can but the responsibility to claim HB is that of the tenants and J9 cannot be expected to be liable for omissions loss etc by acting or failing to act. It is the tenant’s responsibility to pay their rent and nobody else’s.
Non of the above constitutes a binding obligation on J9, the landlord, nor can non compliance with the above by the landlord be used as a defense to an action for eviction and or rent arrears, it is merely a statement of intention.
J9 is here to help – if you have any problems paying the rent please call us without delay