If the payment agreement is not honoured and your rent arrears increase we will consider further action to ensure that the arrears are paid. This action may be:

• Letters
• Possession Action
• Eviction Proceedings

Letters

These will not only advise you of your arrears and offer advice on how to reach an agreed repayment plan, but will set out the action which the council will take if arrears increase.

Repayment Agreement

It is not too late to make an offer to repay this debt on receipt of the letter but it is important to make contact with the Rent Section within ten days of receiving it.

We can offer advice confidentially or arrange for help or counselling by an independent body.

Possession Action

If all agreements and action have failed and the debt continues to increase, we will begin legal action to reclaim money owed to us. If we begin legal action you may be liable for our Court costs. Possession action has several stages. We will advise you, in writing, in advance of any stage being started.

The first stage is:

i) Notice of Seeking Possession

Before an application for possession of your property can be made, the Council has to serve you with a Notice of Seeking Possession; this is a formal notice of our intention to bring your rent arrears to the attention of the court.

If you need advice about this Notice, and what you should do about it, take it as quickly as possible to a Citizens' Advice Bureau, a Housing Aid Centre, or a Law Centre, or to a Solicitor. You may be able to receive Legal Aid but this will depend on your personal circumstances.

A period of 28 days then has to elapse before any further action can be taken.

Repayment Agreement

During this 28 day period we will again seek to reach a repayment agreement with you. We will visit you at home to discuss such an agreement and offer advice about benefits you may be entitled to, or offer you a confidential interview at our offices.

Provided that this agreement is maintained and the debt reduces on a regular basis no further action will be taken.

ii) The Possession Hearing

If you continue to allow your arrears to increase the matter will be referred to the Council's Solicitor, who then arranges for a hearing at the County Court. The Council will make an application for possession of your home, you will be informed of this action by letter.

Once a court hearing has been arranged, you will be sent a summons by the Court Office, notifying you of the time and date of the hearing.

It is in your interest to attend the Court hearing and you will be advised to do this by the member of staff dealing with your case. You may also wish to obtain some independent advice.

Repayment Agreement

A further agreement should be made at this stage and any problems identified.

The Officer dealing with your case will arrange to visit your home to discuss the Court procedure and again advise you to attend.

iii) The Possession Order

If the court agrees that the rent debt is owed to the council, the District Judge may grant a possession Order. If we are able to tell the Court that a reasonable agreement has been reached regarding repayment of the arrears, the Possession Order may be suspended. If the order is suspended, it will remain so as long as payments are made in accordance with it. Whether the order is suspended or not, court costs will be requested and then be debited to the rent account. This will be monitored, where a suspended Order is awarded, by the Housing Officer (Enforcement), if this is broken then the matter can be referred for eviction following case conference to the legal section. The Court will notify the tenant of the Courts decision.

If we are able to tell the Court that a reasonable agreement with you regarding the repayment of the arrears has been reached, it is usual that the Possession Order is suspended. It will remain suspended as long as you continue to pay the amount ordered by the Court.

Court costs awarded against you will be debited to your rent account.

Eviction Proceedings If you fail to keep to the Court order and the arrears do not reduce as agreed the Council can apply for a warrant from the County Court to evict you from your home.

Our Staff will attempt to contact you before this action.

Eviction can usually only be prevented at this stage by the full payment of the outstanding debt.

It should be noted that the Council always tries to avoid taking legal action whenever possible and it is good advice to always keep the Council aware of any circumstances which may affect your ability to pay, as we can advise you of any help to which you may be entitled.

If you are having difficulty in paying your rent please contact the Housing Rent Section immediately.

The Council always ensures that advice is available and any discussions are always held in the strictest confidence.

You can contact the Housing department using the details below:

Contact Details

Name: David Winsley (Housing Officer)
Email: David.Winsley@midsuffolk.gov.uk
Address: Mid Suffolk District Council, Council Offices, 131 High Street, Needham Market, Ipswich, IP6 8DL
Telephone: 01449 724770