A new report from Citizens Advice Bureau (CAB) reveals that while the Government’s rent arrears pre-action protocol appears to be bedding down well, some housing associations are continuing to choose to seek possession for rent arrears using the mandatory Ground 8 under the 1988 Housing Act.

This prevents judges from using their discretionary powers to take into account any mitigating factors such as outstanding housing benefit problems. It also prevents advisers from negotiating alternative solutions which might avoid outright possession, homelessness and unnecessary hardship for vulnerable people.

The rent arrears pre-action protocol, introduced in October 2006, set out the steps landlords must take before resorting to court action. Broadly this has had a positive effect and Citizens Advice has found that most social landlords will only take possession action for rent arrears as a last resort.

However, some housing associations do not follow the protocol and still seek possession for rent arrears using the mandatory Ground 8. As a result some CAB clients have been threatened with homelessness in circumstances where this might have been avoided if discretionary grounds had been used. Citizens Advice does not believe that the use of Ground 8 by housing associations is consistent with the Government’s wider homelessness prevention agenda.

The report calls for the ending of housing associations’ right to use Ground 8 when seeking possession. Most housing associations do not use Ground 8, regarding its use as inconsistent with their wider social role and responsibilities. However among those that do, there is considerable variation in practice, with some using it in exceptional cases whilst others use it as a matter of routine.

This, says CAB, results in inconsistency and unfairness for tenants who may face a greater risk of eviction simply because they rent from a housing association which uses Ground 8.

Citizens Advice Chief Executive David Harker said: “There really is unfinished business here. A minority of housing associations – and I stress it is a minority – are still using Ground 8 to recover rent arrears. This is unhelpful, inconsistent and often unfair.

2As our report Unfinished business shows, the time has come to discontinue the use of Ground 8 by housing associations and we are therefore pleased that the Department for Communities and Local Government has set up a stakeholder group to look at the problem.

We hope this will result in early action to end this practice.”