Submitted on Thursday 9th February 2012
Published on Monday 13th February 2012
Current status: Closed
Closed: Monday 13th August 2012
Signatures: 4
Stop Housing associations and local authorites using ground 8 for possession.
End housing associations use of Ground 8 when seeking possession for rent arrears
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.
Case Law Court of Appeal ruling (North British Housing Association v Matthews (2004) EWCA Civ1736) has demonstrated that housing associations do not necessarily have measures in place to ensure Ground 8 is only used as a
last resort as required by the Housing Corporation.
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