St Michael Housing SocietyQuality housing in West Cornwall – providing more than just a place to live.

Rent arrears policy

Should you fall into arrears with your rent, we are here to help you. Please contact us as soon as you think you will be late with your rent. St Michael Housing operates a fair and reasonable late payment policy. We will listen to your situation, and we will always aim to help where we can.

St Michael Housing operates a fair and reasonable late payment policy.

Exemptions

All exemptions for late payment fees/action are assessed on a case-by-case basis, taking into consideration tenants’ ability to pay, past conduct – if the tenant has been late before, current situation – if the tenant is currently in arrears, patterns of late payment behaviour – See Annex 1

Any guarantor noted on the Tenancy Agreement – See Annex 1

Levels of communication with the Society regarding arrears

When a payment is late, and no exemptions have been allowed by the Society:

In line with all tenancy agreements, St Michael Housing reserve the right to charge a late payment fee when deemed necessary. This payment is 6% of the monthly rent, from the date the rent is due up to when the rent is paid, or a payment plan is agreed. This is calculated by; monthly rent x 6% / 31 days (to give daily fee) x amount of days unpaid. This will apply to full and part month late payments.

Paying the rent up to date:

The first option must be to pay the full rent up to date.

Setting up a repayment plan:

If the tenant has had no history of late payments and it has not been possible to pay the arrears up to date, the tenant may be given the opportunity to reach an agreement with the Landlord. St Michael Housing may allow the tenant to spread the amount owed across future rent payments.

If the arrears are not paid up to date within a given timescale or if a repayment plan fails:

If the arrears are not paid or repayment plan is not adhered to, the tenant may be invited into the company office for interview. The Society recommends at this point, if not already done so, the tenant should contact Citizen’s advice and/or other organisations to seek help for the current situation.

At this time, and if deemed necessary, the Society will enact the Pre-Action Protocol with the tenant and the lawyers of St Michael Housing Society will be contacted to proceed the case to eviction, if necessary.

Patterns of late payment behaviour:

A pattern of late payment behaviour will be deemed as such if the tenant fails to pay the full amount on time three times in a 12-month period.

If a pattern of late payment behaviour is evident, and the Society deems necessary, the tenant may be invited in for interview to discuss the situation.

At this time, and if deemed necessary, the Society will enact the Pre-Action Protocol with the tenant and the lawyers of St Michael Housing Society will be contacted to proceed the case to eviction, if necessary.

Guarantors:

Where a tenant has a guarantor noted on the Tenancy Agreement, the above methods of arrears collection will be firstly offered to the tenant and subsequently to the guarantor. St Michael Housing Society reserves the right to contact the guarantor at any given time in respect to arrears collection. St Michael Housing Society considers the legal obligation to pay the rent, and any subsequent arrears, the joint responsibility of the tenant and any guarantor noted on the Tenancy Agreement and as such will seek to recover any monies owing from both the tenant and guarantor.