Current Tenants
It is important that you keep to the arrangements to clear arrears or the Council will take recovery action for repayment of the arrears. This can either be a Distress Warrant issued to the Councils Bailiff or a Notice of Seeking Possession.
If a Distress Warrant is issued to the Councils Bailiff you will have to pay the Bailiffs costs in addition to the Rent Arrears. If payment is not made to the Bailiff in the time requested the Bailiff can distrain (take away) some of your goods to sell at public auction to cover the debt.
Council's Bailiffs : Rundle & Co tel 08456 585030
If this method of recovery is not successful the Council can start legal proceedings by serving you with a Notice of Seeking Possession. This is the first step towards action that can result in eviction. The Notice of Seeking Possession can be served personally by a Council Officer or by post. The Notice allows 28 days before Court action can be taken. This is your last opportunity to arrange a payment agreement to avoid Court action, which may result in you losing your home.
Rent Arrears Recovery – Court Action
For advice and information contact the rent recovery team on 01473 825793 or by email recovery@babergh.gov.uk
If the arrears are not paid or you do not keep to any agreement to pay off the arrears we will ask the Court for a hearing. The Court will be asked for a Possession Order that will allow the Council to evict you. We will also seek a judgement against you for the debt you owe. In some circumstances, where you have made an agreement with us to pay off the arrears by instalments, we will ask the Court to suspend the order, which means that you will not be evicted so long as you keep to the agreement.
You should contact the rent recovery team on 01473 825793 to discuss an arrangement to suspend a Possession Order. At Court you will have the opportunity to explain why your rent is in arrears. You will normally be required to pay Court costs to cover the Council’s costs of taking you to Court.
As well as facing possible eviction you will also lose some of your rights as a tenant if you fail to comply with the terms of the Court Order.
If payments are not made following a Court Order, the Council will apply for a Warrant for Possession. The Court will then set a date for your eviction. When you receive a Warrant for Possession you should immediately contact the Recovery Team Leader. He will arrange for the Homelessness Officer to contact you to assess whether the Council would have a duty to assist you if you become homeless.
Normally if you are evicted for rent arrears the Council will not be under a duty to re-house you.
Eviction can only be avoided by payment of all arrears and the court costs or by an application to the County Court to suspend the date of eviction.
It is Council policy to object to such applications.
Remember that prevention is better than cure so contact us early to avoid the distress and expense of legal action.
Former Tenants
Although it is normal practice for all rent to be paid in full as at termination of tenancy, any outstanding arrears can be paid off by arrangement. It is important that you keep to the arrangements to clear arrears or the Council will take recovery action. This will be either sending the debt to a Collection Agency or to the County Court for a judgement. If the debtor does not respond to the Court Order, the Council will apply for an Attachment of Earnings Order . The County Court will then decide the amount to be repaid directly from debtors wages/salary. All court costs will be borne by the debtor.
Garage Rent Arrears
Similar recovery action will be taken in the event of garage rent arrears. Please contact the Housing Department on 01473 825757 for further information.
Debt Management Policy |