Press release

Civil Justice Council launches a new Consultation on a Rent Arrears Protocol

June 2005

The Civil Justice Council has today announced a consultation paper on a Rent Arrears Protocol. The consultation asks for comments on a new proposal to bring into force a pre-action protocol relating to proceedings in which a claim is made by a landlord against a tenant for possession of domestic premises for arrears of rent.

The consultation paper - published by the Civil Justice Council alongside the Department of Constitutional Affairs - proposes a new rent arrears pre-action protocol to ensure that before proceedings are commenced all reasonable steps have been taken to avoid the necessity for litigation and particularly

To encourage the exchange of early and full information about the prospective legal claim,
To enable parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings,
To support the efficient management of proceedings where litigation cannot be avoided
The Chairman of the Civil Justice, Lord Phillips of Worth Matravers, Master of the Rolls said: "This protocol aims to ensure that all the appropriate steps have been completed before a case comes to court. Too often people are arriving at court when a solution could be found at an early stage. I look forward to the outcome of the consultation and to introducing a better way to deal with this distressing area which cases difficulty to so many".

Responses to the consultation are sought by 15 September 2005.