Identify the tenant’s needs, understand the facts of the case, and ensure the tenant can engage with the process.

Explore support needs

Receiving a notice seeking possession can be a stressful experience for a tenant.

The tenant might be distressed by some of the questions you need to ask. Ensure that the tenant feels comfortable and knows where to get support.

Communication needs

Ask the tenant how they like to communicate.

For example, do they:

• prefer communication through text, email, face to face or over the phone

• have difficulty reading letters

• need an interpreter or translator

• need an alternative format for written communication like braille or large print

Record any communication needs the tenant has and follow them. Ensure the landlord is aware of the tenant's communication needs.

Trauma informed practice

Trauma informed practice is a way of working, it helps reduce distress and remove barriers for people who have experienced trauma.

Trauma informed practice means that you:

• explain what you are doing and why

• ensure the tenant has control over decisions

• listen to what the tenant wants and needs

Read more about trauma informed practice at Gov.uk.

Health needs

Ask the tenant about their health needs. Do they have a health condition that affects their ability to engage with you or the landlord?

Start by explaining why you are asking. Ask questions about how things affect them rather than what diagnosis they have.

For example, the tenant might have:

• anxiety around opening letters

• mobility issues restricting their ability to attend appointments in person

• chronic pain limiting their ability to undertake daily tasks

This list is not exhaustive but is a good starting point. Make sure you ask the tenant open questions so that they can alert you to other things that might be important. It will help you gather information and tailor advice to the tenant.

Read more about reasonable adjustments on the NHS website.

Talk to the tenant

Ask the tenant to explain the situation in their own words. It will help to have notes of this if the tenant needs to file a witness statement in the future. Check when they first fell into arrears and what caused it.

Find out:

• the amount of arrears claimed on the notice

• why the arrears have accrued

• if they have spoken to the landlord

• if there has been a change in the household income

Identify any wider issues that have affected the tenant. Providing context to a landlord can help with negotiating or strengthen a defence.

For example has the tenant had:

• any benefit changes, delays or errors

• changes to their income or employment

• disrepair in the property

Apply trauma informed practice. Check if the tenant has experienced coercive control other forms of domestic abuse or financial exploitation.

Check the tenancy type

Most local authority tenants have a secure tenancy. Most housing associations have an assured tenancy.

Determine what type of tenancy the tenant has.

For example, it could be:

• secure

• introductory

• assured

• starter

The kind of notice and grounds the landlord can use depend on what type of tenancy it is

Use the tenancy checker tool on Shelter if you are unsure.

Gather the documents

Get a copy of the notice of seeking possession from the tenant. You will need a copy to check it is valid.

Ask the tenant to also show or send you copies of:

• the tenancy agreement

• any correspondence from the landlord

• the claim form if possession proceedings have started

• any paperwork from the court

Ask the landlord to send you any documents the tenant does not have.

Check key dates

Validity of a notice depends on the notice period given.

Check:

• when the landlord served the notice

• the date the landlord can start court action if the tenant has not left

If the landlord has started a possession claim, check:

• when the landlord submitted the claim to the court

• what date the defence form should be returned by

If the landlord has not given the correct notice period the notice is not valid. This means a court could dismiss a claim for possession.

Get the tenant's written permission to speak to the landlord. If the landlord is a local authority they will need written permission to share information about the tenant.

Find out what the tenant wants

Ask the tenant what outcome they hope to achieve and if there is anything else they feel is relevant.

If the property is unsuitable or unaffordable the tenant might not want to stay in the property. If so, you could help the tenant look at alternative housing options.

Find out more about advising on housing options at Shelter Legal.