When the notice period expires the landlord can apply to court for a notice seeking possession.

Use the information you have gathered to try and stop the landlord issuing possession proceedings.

Try to reduce the arrears or agree a repayment plan. Show the landlord that court action would be unreasonable.

The pre-action protocol

The pre-action protocol states specific procedures that social landlords should follow before issuing a claim for possession.

The aim of the protocol is to help landlords and tenants resolve issues without the need for court action.

Read more about the pre-action protocol at Shelter Legal.

Use the pre-action protocol to negotiate

Social landlords must follow the Pre-Action Protocol for Possession Claims before issuing court proceedings.

Check if the landlord has:

• provided rent statements

• attempted contact with the tenant

• offered support or benefit advice

• considered vulnerability or disability

• offered a repayment plan

• given notice of their intention to issue proceedings

Gather evidence of the tenant's attempts to engage with the landlord.

Ask the landlord to stop further action and follow the protocol where there has been a failure.

If the landlord hasn't followed the pre-action protocol the court will take it into account when making their decision.

Reduce the arrears

The best way to prevent court action is to reduce or clear the arrears.

Check if the amount of arrears the landlord has stated is accurate.

Explore options to reduce arrears including:

• one-off payments

• backdated universal credit or housing benefit

• discretionary housing payment

A landlord might not issue proceedings if there are less or no arrears.

Offer a repayment plan

A court expects a landlord to try and resolve arrears. A social landlord should accept a reasonable repayment offer.

• calculate what the tenant can afford

• make an offer to pay the rent plus an affordable amount towards the arrears

• show affordability using a budget

• explain why the plain is sustainable

Put the offer in writing and send it to the landlord. Ask the landlord to confirm that they will stop further action while the tenant pays.

Explain the reason for the arrears

Social landlords must act responsibly. This means they should consider the tenant's situation when deciding to issue a notice or possession proceedings.

Set out any issues that contributed to the arrears, for example:

• benefit delays

• loss of employment

• relationship breakdown

• domestic abuse

• illness or mental health difficulties

• caring responsibilities

Explain what has changed and why the situation has improved. Emphasise the tenant's engagement and attempts to resolve the arrears.

Highlight any vulnerability

Social landlords must consider vulnerabilities and disabilities.

If the tenant has a disability or health condition ensure the landlord is aware of this.

Explain to the landlord if any of the arrears relate to a health condition or vulnerability. For example, difficulty making a benefit claim due to language barriers.

Ask if the landlord has made reasonable adjustments or offered support.

Raise any issues with the landlord as part of the negotiation. Highlight that the tenant could challenge a failure to consider disability in court.

Raise issues with the notice

If the notice is invalid, raise this with the landlord. Explain that issuing proceedings when the notice is invalid would cause unnecessary costs.

Raise any disrepair issues

A tenant can claim money from the landlord where there has been disrepair in the property that has been reported but the landlord has not resolved. This can be counterclaimed against the rent arrears to reduce them.

Disrepair could also affect a court's decision on reasonableness.

• record the disrepair

• check the tenant has reported the disrepair

• collect photographs or other evidence of the disrepair

Raise the unresolved disrepair with the landlord and use it in negotiations.

Record any attempts to negotiate with the landlord and what they have agreed to.

If the landlord agrees to a plan make sure the tenant knows what they have to pay and when.

Consider making a referral to a legal aid solicitor if a landlord refuses to negotiate.

Read more about disrepair counterclaims at Shelter Legal.