Most arrears reporting tells you a total and a trend. The questions that
actually land on a chief executive are structural, and they are asked
about the whole book at once.
01
Which ground is open, and does the judge have a choice?
Tenants and arrears in each stage, the threshold for each rent period
stated, and for the discretionary route, which of the four things a
court looks for is missing.
Housing Act 1985 s.83 · Housing Act 1988 s.8 & Sch 2
02
Could we satisfy the Pre-Action Protocol if we tried?
Each requirement evidenced or not, per current tenancy in arrears,
and which requirement is the gap. Judged at the point of issue, so it
has to be true beforehand.
Pre-Action Protocol for Possession Claims by Social Landlords
03
Have we had regard to who these people are?
Two figures kept apart: where a protected characteristic is recorded,
and where the assessment and the adjustment offer both exist.
Equality Act 2010 s.149 · Article 8 proportionality
04
Where must recovery stop entirely?
Every suppressed pound with the legal reason attached, and how long
is left to enforce each former-tenant debt.
Debt Respite Scheme 2020 · Insolvency Act 1986 · Limitation Act 1980