10 steps to sorting out Rent arrears

Housing new If you fall behind with your rent, you must take it seriously. But don't panic, a solution is just a few steps away…

Step 1. Check that the amount of rent your landlord says you owe is right.

Make sure they have not missed any payments you have made - check your rent receipts if you have them. If you get Housing Benefit, check that they’ve been making payments. Sometimes landlords incorrectly add sums to accounts in arrears when considering legal action. These might be housing benefit overpayments that have been reclaimed, or rent arrears from a previous address. These should be dealt with separately, not be added to your current arrears. Your local advice centre can help you check if the arrears are correct.

Step 2. Are you renting with someone else?

If you have a joint tenancy you will still be responsible for all the rent including the arrears, not just your share, but you might want to make sure that anybody else you are renting with pays any rent they owe.

Step 3. Check your tenancy agreement.

What does it say about rent arrears. Visit or phone your local advice or law centre to discuss your situation and your rights and responsibilities as a tenant.

Step 4. Check whether you could be entitled to housing benefit.

However, if you are entitled, housing benefit may still not cover the full amount of your rent.It may also be possible to get a discretionary housing payment from your Council for a limited period. Ask your local housing office, housing association (or other 'social landlord') or advice centre for advice, or call National Debtline on 0808 808 4000.

Step 5. Discuss your situation with your landlord.

If you are not entitled to housing benefit, try to reach an agreement with your landlord to pay a regular amount off of the arrears every week or every month.

If you are entitled to housing benefit, explain to them that you have applied for it and are waiting for it to be paid. In the meantime, see if your landlord will accept small regular payments towards your rent. Only agree to an amount you can genuinely afford. If you receive Income Support or income-based Jobseeker's Allowance and you live in a council house or flat, your housing office can accept minimum payments of £3.25 a week (for 2009-10) to pay off the arrears.

Step 6. If you can't reach an agreement to pay off a regular amount...

Get help from a local advice centre or law centre.
They should be able to put your case to the landlord for you.
You can also phone National Debtline for advice on 0808 808 4000.

Step 7. If you receive a court summons...

Contact your local advice or law centre as soon as possible.

If you are owed any housing benefit...

Make sure you tell the court as the Judge must take it into account.

You must go to the court hearing to explain your situation and try to reach an agreement to clear the arrears. If you are on Income Support or income-based Jobseeker's Allowance, the court will sometimes allow you to pay a minimum of £3.25 per week to pay off the arrears. However, this depends on the type of tenancy you have and the reasons your landlord wants to evict you.

Some courts have 'duty schemes' with advice workers or solicitors available to offer advice and to represent you. Check if the court you are summoned to attend has such a service.

Step 8. If you reach an agreement in court to pay the arrears...

(often called a 'suspended possession order') you must stick to that agreement' - and remember that you must continue to pay your current rent as well.

If you have problems keeping to the terms of the order, contact your landlord and get help from your local advice or law centre urgently. If you don't keep up the payments, you could be evicted.

Step 9. If you break the terms of a suspended possession order...

you will receive a letter saying that you will be evicted on a certain date by bailiffs. Even if this happens, you may still be able to save your home, but you must take action immediately. In certain cases, you may be able to have the eviction halted. This means applying to the court for a special hearing - but you must get advice immediately if you are in this situation.

Step 10. If you are evicted for rent arrears...

the local authority may refuse to find you somewhere to live, even if you have children. This is because they may claim that you have made yourself homeless by not paying your rent. You can often challenge this kind of decision, but you must get expert advice immediately.