Notes from hearing: a look at rent arrears, tenancy breaches and non attendance to court - 14/ 28.01.26

A possession hearing in the small‑claims list recently shed light on how social landlords and tenants navigate issues of rent arrears, conduct, and compliance with tenancy terms. The hearing took place before a district judge who dealt with the matter efficiently and decisively.

Background to the Case

The claim concerned a social‑housing tenancy where the landlord sought possession of a property due to:

• Rent arrears

• Breaches of tenancy conditions

• Behaviour‑related complaints, including multiple reported incidents

• Breach of a “no‑pets” condition

The landlord alleged 34 separate behaviour breaches and argued that the tenant had repeatedly failed to comply with tenancy obligations.

According to the landlord, rent arrears had been accruing since the previous year, with only one payment made since October. Payments that were expected via Universal Credit had not been received, leading to arrears in the region of several thousand pounds. There had also been a recent period of four weeks where payments were not collected.

The landlord also referred to a previous court order that the tenant had breached, with issues of excessive noise continuing after the order was made.

Tenant’s Position

The tenant appeared without legal representation and confirmed they did not wish to be represented.

Although brief, the tenant’s position was that they did not agree with the allegations but did not present detailed evidence or submissions disputing the arrears or the breaches.

Judge’s Consideration

The judge reviewed:

• The rent account history

• Evidence of non‑payment

• The previous order and alleged non‑compliance

• Behaviour reports and tenancy‑breach records

Given the scale of alleged breaches and the level of arrears, the judge found that the threshold for possession had been met.

The judge emphasised that the landlord was entitled to enforce the tenancy terms and seek possession where ongoing breaches and arrears persisted.

Outcome

The judge made a possession order, allowing the landlord to apply for a warrant of possession and proceed with enforcement.

The judge also granted costs in favour of the landlord.