Arrears and court action

We will take Court action through the County Court to recover possession of your property if you fail to pay your rent and rent arrears. If this happens, you will be charged Court costs, which you will have to repay in addition to your rent and arrears.

We will ask the County Court to give us possession of your property. A District Judge will decide whether to give an Outright or Suspended Possession Order.

If you do not repay the debt after a Suspended Order, you will receive a Warrant of Possession with an eviction date.

Money Judgement (also known as a ‘County Court Judgement’)

When we take you to Court, we will ask for a Money Judgement. This allows us to take money straight out of your wages to recover the money you owe us.

A Money Judgement order (also known as a County Court Judgement) can have a negative effect on your credit rating. This means you may face difficulty getting any credit from lenders.

Former tenants’ arrears

If you’re no longer a council tenant and have left one of our properties with rent arrears, the money you owe is called ‘Former Tenancy Arrears’. 

It is important that you contact us straight away to arrange to repay the money.

If you fail to do this, we can refuse to re-house you. We may also take legal action against you to recover the debt - for example, a County Court Judgment.

If you don’t repay your arrears and clear your account, we will take the following steps:

  1. We may pass your account onto a debt collection agency who will recover the money for us.
  2. If you do not give us your forwarding address, we will use a tracing agency to confirm where you currently live. 
  3. If you have a job and refuse to pay your debt, we can ask the Court to instruct your employers to repay the money direct from your salary. 
  4. If you own a home and refuse to pay your debt, we can get a Charging Order from the Court, which will stop you from selling your property without paying the debt first. 
  5. We may instruct County Court bailiffs to take possession of your belongings. These can be sold to help pay off your debt.

Paying rent on your garage

If you have a council house/flat you will be asked to pay your garage rent at the same time as your house/flat rent.

We will attempt to contact you if you fail to make payments or do not get in touch with us to discuss your arrears.

Following this, if no contact or payment is made, a ‘Notice to Quit’ will be issued, advising you that we are ending your right to occupy the garage or site.

A Notice to Quit will give you 14 days to leave the garage or site. After this period, your right to use the garage or site will come to an end - and the garage and its contents will be taken into our possession.

If you are a council tenant, any rent payment you make will always be credited to the account for your home first. Any shortfall in payments could then result in garage arrears and may lead to a Notice to Quit being issued for the garage.

Contact Council Housing Service

Housing and Neighbourhood Service
PO Box 5967
S2 9GH
0114 293 0000
Monday to Friday
8am to 5:30pm

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