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I am a landlord in the England with a tenant under a periodic Assured Shorthold Tenancy (AST). The tenant fell into rent arrears, prompting me to issue a Section 8 notice on 18 May 2025 (attached).
Shortly after, the tenant (who had become ill) informed me that, with assistance from Citizens Advice, he had applied for government benefits to cover his rent and other bills. He also applied to the local council's Homelessness Prevention Fund (HPF) to clear the arrears. The tenant resumed paying rent in June 2025, but the arrears remained outstanding.
Approximately one week before the scheduled court hearing on 8 July 2025, a representative from Citizens Advice contacted me. They explained that the tenant had secured sickness benefits and was now paying rent consistently, and that his HPF application was pending. They proposed adjourning the possession hearing for two months to allow time for the HPF approval, after which proceedings could resume if necessary. I agreed, and we both signed a Request for Adjournment dated 7 July 2025 (attached). The judge accepted this in court and issued a judgment order dated 8 July 2025 (attached), which requires the tenant to continue making rent payments and to clear the arrears (totalling £4,060 at the time of the hearing) by 8 September 2025.
On 14 July 2025, I received a Debt Relief Order (DRO) notice for the tenant (attached). Subsequently, the Citizens Advice representative informed me that I cannot pursue the tenant for the arrears until the DRO expires (one year from issuance). Given the circumstances outlined above, is this accurate?
If the DRO does prevent me from pursuing the arrears, can I still proceed with the adjourned possession claim? I am aware that the tenant is unlikely to clear the arrears independently, and my intention in pursuing possession would be to prompt the council to approve his HPF application, thereby clearing the arrears through that fund.
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