Increasing numbers of people are worried about being able to pay the rent.
Rent arrears are priority debts because if you don’t do anything about them, you are very likely to be evicted.
If you have rent arrears now, or you are worried that soon you won’t be able to pay the rent, you need to get good advice as soon as possible on your options. Doing this sooner rather later helps because:
- you may have more options than you think;
- some options will take time to work;
- your landlord may not be following the right procedures.
Contents
Possible options for tackling rent arrears
Token payments to consumer debts
If you have other debts, then paying the rent has to come first. You may have to make token £1 a month payments to loans, catalogus, cards and Buy Now Pay Later debts. If you have an overdraft, ask the bank to stop charges
Rent is a priority debt – all your consumer credit lenders will accept that it has to be paid first and they should freeze interest on your debts so they don’t carry on increasing.
Benefits
If you have applied for Universal Credit (UC) but it isn’t yet being paid, you can ask for an advance payment.
With rent arrears you can also ask for the housing part of your UC to be paid directly to your landlord.
If your housing benefit has been stopped because of problems with some other benefit, don’t assume the other problems have to be fixed first. You may be able to get your housing benefit restarted straight away – phone up and find out.
Your local Citizens Advice can advise whether there is other help you can get:
- when your UC payment for housing costs or housing benefit doesn’t cover your full rent, you may be able to get a Discretionary Housing Payment from your local council;
- in winter 2021-22, councils have extra money to help people with food and heating costs – this may allow you to increase what you pay to the rent.
Pay as much rent as you can
It is almost always a good idea to pay as much rent as you can, even if you can’t pay the full amount. Landlords usually don’t want to evict tenants. By paying some money even if you can’t afford the full rent, you are showing that you are doing your best.
Keep the rent arrears down to under 8 weeks may make it harder for you to be evicted.
If you think it’s better not to pay anything because you are sure you will be evicted anyway, talk this through with a housing advisor first and see what they say. Even if you have children, you can’t assume the council will rehouse you – if you are evicted for rent arrears the council may decide you made yourself “intentionally homeless”.
When your situation improves and you can now pay the full rent again, you need to come to an arrangement with your landlord about paying your rent arrears. If you need help to talk to your landlord about this, go to your local Citizens Advice.
If your landlord has already gone to court and got a “suspended possession order”, you must make these payments a top priority, Iff you feel you can’t afford them, ask your local Citizens Advice for help.
The procedures before eviction
A landlord has to follow set procedures before you can be evicted. The exact procedures depend on the type of tenancy you have and, sometimes, how old your tenancy is. There may be three stages:
- a notice in the correct format (this depends on what type of tenancy you have) saying you should leave;
- going to court to ask for “possession”;
- going back to court to ask for you to be evicted.
If you are a lodger who rents renting a room in a place where your landlord lives, your landlord doesn’t have to go to court but still has to give you “reasonable notice” to leave.
It can be complicated for you to tell exactly what your landlord has to do, which is why talking to a housing adviser as soon as your landlord asks you to leave can really help. A mistake on a notice or a court form may mean that court proceedings can be challenged.
Where to get help
If you are at the early stages of worrying about paying the rent and you have other debts, any of the good places for debt advice will be able to help. For example National Debtline on 0808 808 4000. By tackling your other debts, you may never get a serious rent problem!
If the main reason you are having problems with your rent is because of benefits issues, go to your local Citizens Advice – find it here.
The Shelter Helpline 0808 800 4444 is one of the best places for housing advice in general (eg for problems with your landlord apart from rent arrears) and for answering your questions about court repossession action and evictions. They are also experts on housing benefit.
If you aren’t sure whether you have a bigger debt, benefit or housing problem, just pick one of these organisations, don’t delay!
It’s not too late!
If you have a court hearing or you are going to be evicted in the next few days – or even tomorrow – it is still worth calling the Shelter helpline! It is open at weekends and from 8 o’clock in the morning.
You should always attend any court hearing, even if you expect you will lose. It may be possible to ask for extra time or there may be a problem with the landlord’s procedures.
There is often a solicitor or an adviser you can see at the court before the hearing, so try to be at the court early and ask at the court desk if there is any help. Don’t forget to take any relevant papers, for example any benefit letters if these delays are the cause of your problem.
Options when you cant pay bills & debts
How to ask for a council tax write-off
Could a Debt Relief order help you?
James says
I have long term business lease..i am unable to pay rents so i currents shut down.. My debts is over 30k.. My landlord is not happy to terminate my lease.. What is the best way for me to do.. Shall i go for bankrupt.. Please can u advise me best options.. Thanks
Sara (Debt Camel) says
Hi James, this article is aimed at rent arrears on the house you are living in. Your situation is very different. The best thing for you to do is to talk to Business Debtline. https://www.businessdebtline.org/. They are experts in dealing with people who are self employed or who have small limited companies. They can talk about the business debts, your personal debts and (if necessary) your personal bankruptcy.
Alexandra says
I have arrears as I am in middle of appeal about my housing circumstances .
I have this appeal next week but they have told me I need to go to court on 20th July for eviction for me my 3 older sons (twins 24, 16) and myself ..I also have my youngest son who is 9 but he hasn’t got eviction letter .
i have tried to explain to them I will pay as much as I can afford but I feel I’m being bullied by these people I can’t sleep ,eat with worry .my boys are all autistic 2 youngest also have wheelchairs .
i have asked if I win my appeal will I still need to go to court and they have said yes I’m so scared I really don’t know what to do.
I am on full housing benefits but they have only awarded me from January of this year .i have provided all letters ,documents I was asked to provide but they won’t accept them.
Sara (Debt Camel) says
I think you need urgent advice from a specialist adviser. I suggest calling the Shelter helpline https://england.shelter.org.uk/get_help/helpline, it’s open at weekends.
Aisha says
Hi pls can someone advise me … my landlord is seeking possession of property and rent arrears as he increase rent which I couldn’t afford to pay.
I have a hearing on 9th Friday.I have no legal help atall so am going it alone.On the defence form the proceedings are between myself and landlord as I’m the named tenant on correspondence.My question is when filling income and outgoing would it only be mine as I’m not working or would d I have to put my husbands also.
Sara (Debt Camel) says
Hi Aisha,
If the hearing is Friday, you need help urgently with this – phone the Shelter helpline https://england.shelter.org.uk/get_help/helpline. It’s not just a question of what income to put down, your landlord has to have gone through the correct procedures and Shelter can help you look at this. Also talk about what your options are.
Deborah says
Dear Sarah
I am a self employed hairdresser with a small salon. I cannot work from home and my business has slowed I expect it will stop soon. I am firstly concerned about my mortgage(I am phoning this morning) but mainly my rent on my salon, I can just about make this quarter, but will struggle with June’s. If I am forced to close am I still liable to pay the existing 12 year rent contract. I am absolutely out of my mind.
Sara (Debt Camel) says
Hi Deborah,
if paying this quarter’s rent is going to be a stretch and leave you short for the essentials, I think you should talk to Business Debtline on 0800 197 6026 before you pay it.
It may be your landlord would accept lower payments for a while.
BD can also talk about your liability if your business closes permanently.
Village Idiot says
One thing to watch out for is today’s announcement that small businesses who are eligible for Small Business Rates Relief (and I bet you are, my partner is a salon owner too) are going to receive a £10,000 grant. Not a loan, a non repayable cash sum.
I’m waiting to see the small print so not getting hopeful yet, but look out for it. If I have understood it right the local authority where the salon is will make contact with everyone eligible, about it.
Good luck.
Leila says
Hi,
I have received a seeking possession order for rent arrears , I have disabilities and hold conditions that affect my cost of living and working. It’s a difficult is the rise of cost of living. I have been given a year in for the 4th of March but I have a hospital appointment on the day, which clashes with the appointment of the hearing, I am currently on sick leave as my mental health has deteriorated and I was diagnosed with frozen shoulder which makes it difficult for me to continue his daily tasks. I have a 13-year-old daughter living with me, but I have managed to claiim universal credit in which they have paid directly to the housing Association today. I would need to top up the balance of the rent including the arrears is £50 which I will be making today. However, the matter has been taken to court because of the thresholds of the rent arrears, it exceeds 3 months rent arrears. I only Began claiming UC on the 02/01/24 as I was advised by debt advice I would be eligible. I am also currently awaiting my PIP Claim to be assessed. Is there anything I am able to do in my situation?
Sara (Debt Camel) says
I have been given a year in for the 4th of March
Sorry can you explain this?
Are you making any payments to other debts?
What debt advice agency have you been talking to?
Leila says
Hi, Apologies for confusing you, I meant to say a possession court summons and have a hearing on 4th of March & I have been told by housing association that it is a suspended possession court order where they will ask for a payment plan. I am making payment to to some of my debts but & not making payment to some of my other debts. Some of this debt accrued from DV & from health expenses & from Gambling. I have spoken to UK Debt Support line & they have suggested an IVA which I am uncertain I should go for. Because of my health conditions I cannot move from my current home as this will cause me to have distress.
Sara (Debt Camel) says
ok so I want to be very clear – you do not have a suspended possession order at the moment? This is the first time the Housing Association is going to court?
How large are your other debts and which are you paying at the moment?
How much has the IVA firm (that is what UK Debt Support line is – they are a firm that only provides IVAs) said you would pay in an IVA and are they planning on lising the rent arrears in the IVA?
Is your only income from statutory sick pay and benefits at the moment?
Leila says
That is correct I do not have a suspended possession order yet, but this is what Housing association have said they intend to do, whereby they will allow me to continue living in my home but they will ask court for a repayment plan. This is the first time housing association are going to court. The largest debts have already been passed to a third party debt collector. I also had several secured loans left (these were a total of 141 pawn loans) including renewing 7 repeatedly since 2014 but these are with the FOS which the adjudicator has upheld in my favour to get a large refund which FOS are waiting for the business to respond. The secured loans are on hold while the investigation fully take place with FOS.
The IVA company have not specified how much yet as they are awaiting my income & expenditure.
My income is from SSP & CB only. My UC (which is 90 % of the rent amount} all goes to housing association as I was awarded to receive £0 from my entitlement.
Is there anything else I can do as I have regular disability expenses I need to make because of my health.
Leila
Sara (Debt Camel) says
Nothing you have said suggests that an IVA is a good idea. I suggest you forget about that for a while. You may have much better options for your debts but you need to get the rent arrears sorted out first. And f=your FOS case (or an IVA will take any refund from the FOS case…)
Are you making any payments at the moment to debt collectors?
Leila says
Hi, I have arranged affordable payments with the 3rd party debt collectors, there a couple for me to sort out, which I will be putting in place this coming week . I did think an IVA was not the right option, that is the reason why I did not haste-fully agree to anything. I will try to clear as much of the rent arrears as I can end of month but there will still be a balance left. Don’t know which direction to take clearing the balance of though?
Sara (Debt Camel) says
Immediately Tell all the debt collectors and lenders that you can’t pay them anything at all until you have you4 rent arrears sorted out. Send them a copy of the letter/email from your housing association about this. Cancel any direct debits that you have set up.
I think you need Proper debt advice. Not from an IVA firm. Go to your local Citizens Advice or phone National Debtline om 0808 808 4000. But stop paying the non priority debts, right now.
Non priority debts are unsecured loans, credit cards, catalogues, overdrafts. Probably any debt that has been sold to a debt collector. If you are sure, ask me.