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Action for rent arrears

When you fall into arrears, we will let you know by a letter or visit. If you receive a letter, please read it and contact the income collection team at the Edmonton Centre on freephone 0800 40 80 160. If you are a sheltered–housing tenant, please contact your Sheltered Housing Officer. We will try to help as much as we can. However, if you repeatedly fail to pay your rent, we will take legal action to collect it. This is to ensure that we can continue to manage homes effectively for the benefit of all tenants. Legal action could mean that you lose your home.

A Notice of Seeking Possession (secure tenancies) or Notice of Proceedings for Possession (introductory tenancies) is our first step towards taking legal action.

Both are legal documents that we have to serve (give you) and they tell you that we intend to take legal action against you.

Notice of Seeking Possession (secure tenancies)

A Notice of Seeking Possession gives you 4 weeks to pay your arrears or make an agreement with us to do so. If you do neither, we will apply to the court for a possession hearing.

If the case goes to court, you will receive a summons from the court that tells you the time and date of the hearing, and what you should do.

We will also send you a reminder shortly after the summons. If you receive a summons, contact your Income Officer immediately – you may still be able to stop the legal action. You may also wish to get independent advice.

You do not have to attend the court hearing, but we strongly advise that you do so.

At the hearing we will ask the judge to grant a possession order and court costs, which will enable us to take back your home. You will be able to tell the judge why you think they should not grant a possession order.

Notice of Proceedings for Possession (introductory tenancies)

A Notice of Proceedings for Possession is served on introductory tenants in arrears. This gives you 6 weeks’ notice before we can apply for a court hearing. Introductory tenants do not have the same rights as secure tenants. If we apply to court for a possession order, the judge will have to award us an outright order. This means that we can then apply immediately for an eviction date. You have the right to ask us to review of our decision to take legal action against you, and we may be able to stop legal action if you agree to pay your debt.


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