Appendix 1
Explanation Letter to all those on Court Orders
“You will be aware that mhs homes has a Court order in respect of the
property you occupy for rent arrears. If you are paying your rent in
accordance with that order then your legal status as a tenant will not be
altered. However, if you fail to make payments on time then mhs homes is
planning to introduce a new Policy relating to “Tolerated Trespassers” which
comes into operation on 02 January 2006.
The purpose of this letter is to explain jus t what this means and how it might
affect you.
The legal definition relating to tolerated trespassers comes into effect only if
mhs homes has been granted a possession order by Medway County Court
and notification has been received from Direct Debt Collection (DDC) that the
required payments have not been made in full, or on time, and the terms of
the possession order have therefore been breached.
This could have a significant impact on your tenancy agreement, which due to
this breach would come to an end. Future occupancy would be treated as a
“tolerated trespasser” which means there is no longer an assured tenancy,
any protected status, and rights under the tenancy agreement are no longer
applicable.
Occupants would have to continue to make required payments as they would
still be responsible for the debt, but payments received would be classed as
mesne profits for use and occupation only.
It is important that you are made aware of the following implications of this
change in status. When a breach of the order occurs a letter will be sent out
by the Area Housing Manager outlining the change in status.
The letter will contain an explanation of “tolerated trespasser” and the
following points would be outlined;
• The tenancy agreement is not automatically revived by bringing the
Court order payments up to date at a later stage.
•
If an occupant wishes to revive the tenancy they must apply to the
Court before the order is cleared in full or there is no method f