This pre-action protocol applies to all residential possession claims taken by social landlords, including local authorities, private registered providers of social housing and housing action trusts.
Part 2 relates to claims which are brought solely on the basis of rent arrears. It reflects the guidance on good practice given to social landlords in the collection of rent arrears.
Part 3 relates to claims brought on:
mandatory grounds for possession, and
claims where security of tenure is reduced and no grounds are required but the occupier may be able to rely on human rights, public law or equality law defences (for more information about occupiers' rights, see Security of tenure).
Part 3 aims to ensure that in such claims, when the tenant raises a defence under Article 8 of the European Convention on Human Rights, all the necessary information is collected and put before the court at the first hearing so that the court can deal with the issue of proportionality of the eviction summarily or give directions for trial as appropriate.
The protocol does not apply to claims in respect of long leases.