Rent Arrears
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What is Rent Arrears Debt?

What does rent arrears mean?

Rent arrears is a term used to describe the outstanding money owed to a private landlord, housing association or local authority. If you do not pay your rent – a priority debt – on time, you risk eviction from your property.

How to get help if you can’t afford to pay your rent arrears

Rent arrears are priority debts.  If you have rent arrears on a property you live in, it’s important to contact the landlord or rental agency quickly to offer a way to repay what you owe. If you don’t do this, you’re at risk of eviction. If you’re looking to rent with arrears on a previous property, you might find it difficult for a landlord to rent to you. There’s also the possibility that court action will be taken against you to recover what you owe. Struggling with rent payments could be a sign you need debt help. IVA Advice can help if you’re in debt. You can get free and confidential debt advice. We’ll recommend the best way to deal with any debts you have. Also, if you’re eligible, you could get Breathing Space. This means your creditors won’t be able to add interest or fees to your debts or take enforcement action, for up to 60 days.

Is there a way to protect me from eviction if I’m behind on my rent?

If you’re behind on your rent, you may qualify for the Breathing Space scheme. This could give you up to 60 days’ respite from interest, fees, and court action. If you qualify, your landlord cannot evict you for rent arrears during this time. However, your landlord could still evict you for other reasons, like anti-social behaviour, or if they need the property to live in themselves. Breathing Space is there to reduce stress while you deal with your debts, so it’s important that you seek debt advice during this time. Once your Breathing Space is over, your landlord will have the power to start the eviction process again. If you’re worried you may be at threat from eviction, contact IVA Advice for free debt advice.

Rules during Coronavirus

There are rules in place to protect tenants during the Coronavirus outbreak. Landlords may be keen to earn more as their income is affected by Coronavirus, so they may seek to alter your contract as a result. You need to agree to any changes to your tenancy or have a prior agreement/review in place for this to take effect, so be sure to read your contract carefully if you are asked to increase payments.

 If you are struggling to pay your rent, you can ask your landlord to pause payments. However, they must agree to this. Renters do not apply for payment holiday breaks but some landlords do, it will be worth asking to see if you can pause your payments if needed.

How should I deal with rent arrears?

Sorting out your arrears quickly could put you at less financial risk in the future, but acting quickly is important. If you do find you are struggling to pay your rent, you will need to get in contact with your landlord. Many people find this difficult, but there are steps you can take to make the situation easier:

  • Contact your landlord and explain your situation – is not paying your rent a temporary problem or are you going to struggle long-term?
  • How much rent arrears are owed? You might want to complete an Income and Expenditure sheet to show exactly what your financial situation is. Completing an income and expenditure will allow you to:
  • Add up your total monthly income.
  • Add up your total outgoings, including essential household expenses, utilities, transport, food and TV licence etc.
  • Take your total outgoings away from your total income. This will show your landlord how much surplus (or spare) income you have, which can then be used towards repaying your rent.

Remember, your rent is a priority outgoing compared to repayments needed for things like unsecured loans, credit cards, catalogues etc. There is no point prioritising your unsecured debts if it means you lose the roof over your head.

Can I move house if I have rent arrears?

If you cannot pay back previous rent arrears then you may face difficulties moving into a new property. Some landlords, letting agents or council authorities may not grant your renting application if you have outstanding arrears, so it may be best to clear these first if possible.

Does having rent arrears affect my credit score?

Rent arrears will not affect your credit score until your landlord submits a court case against you. Therefore, it’s worth budgeting where possible to pay your rent in full and on time, and speaking to your landlord before it gets to a court summons. If your credit score is affected as a result of arrears, this will affect your ability to borrow credit at a competitive rate of interest in the future.

Am I entitled to any benefits?

Check if you are entitled to any benefits, as this may help with paying the arrears. You can contact the welfare benefits advisor at your local Citizen’s Advice or check your entitlement. If you’re already getting benefits such as Universal Credit or Housing Benefit, check you are getting the right amount. If you get Universal Credit or other benefits, you can ask for part of these payments to be paid towards your rent.

If you get a Housing Benefit or Universal Credit you may also be able to get a Discretionary Housing Payment (DHP) if you can’t pay your rent. A Discretionary Housing Payment is an extra payment from your local authority designed to help cover outstanding costs.

What happens if my landlord wants to evict me?

There is a process your landlord needs to follow if he or she wants to evict you. They will have to serve you a Section 8 or a Section 21 notice, and either option will give you time to leave the property if a resolution cannot be agreed upon.

Section 8 notice

If you have broken the terms of your tenancy, you will receive a Section 8 notice, also known as a notice to quit. This gives your landlord grounds for possession and the most common reason for this would be if you are in rent arrears – you will have at least 2 months of arrears in this case. The notice can be 2 weeks or 2 months, depending on the grounds for the notice being served.

Section 21 notice

This notice is applied to evict you after a fixed term tenancy ends or during a tenancy that has no specific end date. A landlord must give you a minimum of 2 months’ notice in writing and if you don’t leave the property on the date that the notice specifies, your landlord will need to take you to court to gain a possession order.

What happens if I am taken to court over my rent arrears?

This will be your chance to explain to the judge the reason for your debts and explain any proposal to repay the arrears. The most important thing is for you to attend the court hearing as this will benefit your case more than if you didn’t turn up at all.

The judge will make a decision on the outcome of the hearing. He/she may:

  • Dismiss the case – This is likely if there is no reason for you to be evicted, your landlord has not followed the correct procedure, or your landlord hasn’t attended the hearing.
  • Adjourn the hearing – Your hearing will be moved to another date if a decision cannot be made on the day.
  • Grant an order – The Judge decides which order should be granted.

It is very important to note that if you are being taken to court over your arrears, you need to complete an income and expenditure form to prove to the court what available surplus income you have to offer towards the arrears.

Your offer needs to be something that is affordable and sustainable, so you’re not overstretching yourself in order to pay the arrears. If you make it unsustainable, it will be very difficult to persuade the court that you can stick to a second arrangement if you haven’t stuck to the previous one.

What is a Possession Order?

If a possession order is granted against you, you will be given a specific date to leave the property you’ve been living in – this is either 14 or 28 days from the date the possession order was granted. If you do not leave the property by that date, the court can grant a bailiff a warrant for possession to evict you on a certain date.

What is a Suspended Possession Order?

If you are handed a suspended possession order, the judge has allowed you to stay living in your rented property, providing that you make the payments offered on time, or adhere to any conditions set by the court. However, if you don’t adhere to the terms of the order, the landlord will be able to evict you.

Other steps to take if you are in arrears

  • Look at your budget and work out how much you can afford to pay.
  • Contact your landlord and tell them you’d like to make a new payment arrangement. Send them a copy of your budget to show you’re offering to pay the most you can manage.
  • If you’re struggling to put together a budget or you’re worried you can’t afford to make repayments, get in touch with IVA Avice for free debt advice.
  • If your landlord refuses your offer of payment to the arrears, or if they don’t reply, it’s very important you make the payments anyway.

Can you get a CCJ for rent arrears?

Yes, but this doesn’t happen as often as for other types of debt.

If you do get a claim letter for a County Court judgment (CCJ), you have the opportunity to pay it off or make a payment arrangement to avoid it being recorded on your credit history.

What should I do if housing benefit delays mean I can’t pay my rent?

Your local council should process your housing benefit claim within 14 days. Contact the housing benefit department if you don’t get your payment. It helps to keep a copy of your original claim, to help them locate your record. If you claimed online you should have had an email receipt.

Make sure your landlord is aware and ask them to agree to a temporary payment arrangement.

Get free debt advice today

If you are struggling to pay your rent and other loans then you can get free debt advice from IVA Advice. While many people may be wary of asking for help, it’s important to take responsibility for your situation. We will offer you a plan that deals with all aspects of your financial situation, including debt advice. If you feel like there’s nothing you can do to deal with your debts, and you want debt advice on writing them off and doing monthly payments, then contact IVA Advice. We can help you with a debt solution, debt management plans or IVA proposal. We’ll help you to prepare a budget and work out what options there are to deal with your debts. Call IVA Advice and chat with us, so we can understand the best way to help you.