What is the Pre-Action Protocol for rent arrears?
The steps you must take before issuing a possession claim.
The Pre-Action Protocol for Possession Claims by Social Landlords sets out what a social landlord is expected to do before issuing a possession claim for rent arrears: contact the tenant early, give them a rent statement, help with any benefit claim, try to agree affordable repayment, have regard to vulnerability, and warn them about court action.
| Applies to | Social landlords bringing possession claims for rent arrears |
|---|---|
| Source | Pre-Action Protocol for Possession Claims by Social Landlords, part of the Civil Procedure Rules |
| Judged | At the point the claim is issued — not afterwards |
| If not followed | The court may adjourn, strike out or dismiss the claim, or make an order about costs |
| Expected before issue | Early contact, a rent statement, benefit support, an affordable repayment attempt, regard to vulnerability, and clear warning of court action |