Rent arrears – England

Use this guide to:

• work out what kind of tenancy you have;
• find out if there is any help you can get with your rent;
• decide the best option for you;
• help you negotiate with your landlord; and
• get advice about dealing with court action.

The information in this guide does  not apply to eviction that is based on immigration status. If this is an issue for you, contact us for advice.

This guide is split into three main parts.

Everyone should read Part one.

This part describes help that you may be able to get with the payment of your rent. Which one of the next two parts you need to read will depend on what kind of tenancy agreement you have.

Read Part two if:

• • you are a council tenant;

• • you are a housing association tenant and you started renting your home before  15 January 1989; or

• • you rent from a private landlord and you started renting your home before  15 January 1989.

Read Part three if:

• • you are a housing association tenant and you started renting your home on or after  15 January 1989; or

• • you rent from a private landlord and you started renting your home on or after  15 January 1989.

If you are not sure what kind of tenancy you have, contact us for advice.

Part one

Help with rent payments

Claiming all the benefits you are entitled to can help stop rent arrears from building up. You might be entitled to help towards your rent from either Universal Credit or Housing Benefit. The amount that you could get will depend on many factors, such as whether you rent privately or from the council, are of working age or have reached State Pension age, have any other income and the type of property that you rent. To see how much help you may be entitled to, you can:

• • use the Turn2us online benefit calculator at www.turn2us.org.uk; or

• • contact Shelter (see  Useful contacts at the end of this guide).

While you are making a claim for Universal Credit or Housing Benefit, pay as much as you can towards your rent. Also tell your landlord you have made a claim. See the  Universal Credit and  Housing Benefit sections for more information.

Universal Credit

Universal Credit is replacing benefits such as Housing Benefit, Income Support, income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Child Tax Credit and Working Tax Credit.

If you are already getting any of these benefits, you do  not need to move to Universal Credit until the Department for Work and Pensions (DWP) tells you to.

You apply for Universal Credit through an online system. To apply online, go to www.gov.uk and search for ‘Universal Credit’.

The amount of your rent payment that you get help with is called the ‘housing costs element’. This is included in your Universal Credit award and is usually paid directly to you. You will need to use part of your Universal Credit to pay your rent. However, in some circumstances, for example if you have missed payments on your rent, you can ask for the housing costs element to be paid directly to your landlord.

If you aren’t able to claim Universal Credit, you may need to make a claim for Housing Benefit.

Universal Credit advance payment

Universal Credit takes five weeks from claim to payment, sometimes longer. The DWP should start paying the housing costs element of your Universal Credit within five weeks. So, if your claim has been delayed, ask for a Universal Credit advance payment. You should get a payment unless there has been a problem processing your claim.

For more information, go to www.gov.uk and search for ‘Universal Credit advances’.

Housing Benefit

Claiming Housing Benefit can reduce the amount of rent you have to pay.

Housing Benefit is being replaced by Universal Credit. However, new Housing Benefit claims can still be made if you have reached State Pension age or you live in certain supported, sheltered or temporary housing.

• • To make a claim, ask your council’s Housing Benefit office for a form. Some councils will also let you apply online or over the phone. When you make a claim, keep a copy of your claim form and any letters you send or receive.

• • In some cases, you may be able to claim Housing Benefit as part of your application for another benefit, such as Pension Credit.

• • For more information, go to www.gov.uk and search for ‘Housing Benefit’.

If you are a council tenant, your Housing Benefit will be paid directly to the rent office of your council’s housing department. If you are a housing association or private tenant, your Housing Benefit will be paid directly to you, but you can arrange to have it paid direct to your landlord if you want to. Doing this may make your landlord more willing to come to an arrangement over your arrears, because they will be sure of receiving regular payment.

Interim payments of Housing Benefit

If you are a private or housing association tenant and you are waiting for a Housing Benefit claim to be sorted out, you may be able to ask the council for a payment on account. This is called an ‘interim payment’ of Housing Benefit. You can ask for this if:

• • you have given the council all the information that they need to assess your claim: and

• • 14 days have gone by.

Discretionary housing payment

If the amount of Universal Credit housing costs element or Housing Benefit that you receive doesn’t cover all your rent and you cannot afford to make up the difference yourself, ask your council about a discretionary housing payment. This is an amount of money the council can give you to help with housing costs that doesn’t have to be paid back. It is up to the council whether to give you a discretionary housing payment, and if so, how much. It might also be a temporary payment. Ask your council or  contact us for advice.

Shelter has an online tool that uses your postcode to find the contact details for your council’s discretionary housing payments team. Go to www.shelter.org.uk and search for ‘Discretionary housing payments’.

Rules that can affect your benefit

The benefit cap

The Government has introduced a ‘benefit cap’. This means there is a limit on how much you can receive in benefits if you and your partner are of working age but are not working. You won’t usually be affected by the benefit cap if you are over Pension Credit age. The cap applies if your combined income from certain benefits is over a set limit, and means that the amount of Universal Credit or Housing Benefit you receive may be reduced. If this happens, you will have to make up the difference in rent yourself.

The cap will  not apply if anyone in your household receives particular disability-related benefits or some other benefits. Also, it may not apply if you have childcare costs when receiving Universal Credit. For more information go to www.gov.uk and search for ‘Benefit cap’, or  contact us for advice.

The under-occupancy rule or ‘bedroom tax’

This rule only applies if you are of working age and rent from the council or a housing association.

Your Universal Credit housing costs element or Housing Benefit payment can be reduced if it is considered that you have more rooms than you actually need. Your payment will be reduced by:

• • 14% if you have  one spare bedroom; or

• • 25% if you have  two or more spare bedrooms.

For more information go to www.shelter.org.uk and search for ‘How many bedrooms you can claim benefits for’ or contact us for advice.

Local Housing Allowance

Local Housing Allowance (LHA) rules generally apply to private tenants only.

LHA affects how your Universal Credit housing costs element or Housing Benefit is calculated. The amount of LHA is worked out by a rent officer, using information about the cost of renting in your local area and the size of property that the rules allow you to claim for. You can check the LHA rates for the area your live in. Go to www.gov.uk and search for ’Local Housing Allowance’.

LHA means that you can only get a certain amount of Universal Credit housing costs element or Housing Benefit, even if the rent on your home is higher. If this happens, you will have to pay the difference to stop rent arrears building up.

When LHA doesn’t apply

The LHA rules will not apply if:

• • you are a council tenant;

• • you are a private tenant but your tenancy started before  15 January 1989; or

• • you rent from a housing association.

If you were claiming Housing Benefit before 7 April 2008, LHA only applies after this date if:

• • you move house;

• • you make a new claim for Housing Benefit; or

• • you become a private tenant on or after  7 April 2008.

If you are not receiving the amount of your Universal Credit housing costs element or Housing Benefit that you think you should be, other rules may apply. This is a complex area. Contact Shelter or a local advice agency. See  Useful contacts for details.

If you are under 35 years old

This rule only applies if you rent from a private landlord.

If you are under the age of  35 and you do not live with your partner or dependents, such as children, you may only get enough Universal Credit housing costs element or Housing Benefit to pay for a single room with shared use of a living room, kitchen and bathroom. There are some situations in which this rule will not apply to you, for example, if you live in a certain type of hostel. Contact Shelter or a local advice agency if you are not sure whether this rule is affecting the amount of Universal Credit housing costs element or Housing Benefit you get. See  Useful contacts at the end of this guide.

Part two

This section has advice for:

• • all council tenants (unless you have been given an introductory tenancy); and

• • private tenants and housing association tenants who started renting their homes before 15 January 1989. The rules if you started renting your home before this date are complicated. If this applies to you, contact Shelter. See  Useful contacts at the end of this guide. 

This section gives advice on the following.

• • How can I pay off my rent arrears?

• • Is your landlord refusing to agree to your offer?

• • What if my landlord takes court action?

• • Eviction – what can I do?

How can I pay off my rent arrears?

You may not be in arrears yet, or your landlord may have started court action. Whatever the situation, do not delay. Contact your landlord as soon as possible and let them know that you are dealing with the situation.

Have the rent arrears been worked out properly?

Get a breakdown of your rent account from your landlord. Check that all the payments you have made have been added to your account. Ask for regular statements and keep your receipts.

It is also important to check if you have been overpaid any Housing Benefit. Sometimes the council may add overpaid Housing Benefit to your rent arrears. If the council is your landlord, they cannot treat a Housing Benefit overpayment as rent arrears. If you are a council tenant, you should not be evicted from your home for a Housing Benefit overpayment. If you are not sure if your rent arrears include a Housing Benefit overpayment, contact us for advice.

If you rent from a private landlord or a housing association, the rules on Housing Benefit overpayments being treated as rent arrears are different. Contact Shelter on 0808 800 4444 or  contact us for advice.

How to make an offer

If you have fallen behind with your rent payments, you will usually need to continue paying your normal amount of rent plus something extra towards the arrears.

• • You will need to fill in a budget to work out what you can afford to pay toward the arrears each week or month. Use our Digital Advice Tool to do this.

  • Send your landlord a copy of your budget and make an offer to pay a regular amount towards the arrears. Don’t be afraid to offer a small amount, if that is all you can afford.

  • If you get Universal Credit housing costs element or Housing Benefit, ask if you can have it paid directly to your landlord. This might make them more willing to agree to your offer as they know that they will get a regular payment.

  • If you get Income Support, Pension Credit, Employment and Support Allowance, Jobseeker’s Allowance or Universal Credit, you may be able to have a set amount taken out of your benefit and paid directly to your landlord for rent arrears. Contact us for advice.

  • Start paying the amount you are offering straightaway to the landlord or agent.

  • If you can’t afford to pay anything, contact us for advice. In the meantime, pay what you can towards your rent.

Paying off arrears

The rules about how Housing Benefit is paid are changing. This may mean that you will no longer be able to have an amount taken out of your benefit each week to help pay your arrears. Contact us for advice.

Is your landlord refusing to agree to your offer?

If your landlord refuses your offer of payment, this does not automatically mean you will lose your home. If your landlord refuses to accept your offer:

• • start paying what you have offered towards the arrears straightaway, plus your normal rent if you don’t get full Housing Benefit;

• • contact your landlord and use your budget to show that the amount you have offered is all you can afford;

• • keep a record of all payments and letters to and from your landlord; and

• • keep paying your rent and arrears payments.

If your landlord makes it difficult for you to pay or takes action against you, contact us for advice.

No eviction without a court order

If you do not want to leave your home, you cannot be evicted without a court order. If your landlord is threatening to throw you out without going to court, or harasses you to make you leave, they may be acting illegally. If this happens to you, tell your local council or  contact us for advice.

What if my landlord takes court action?

 

Before court action

Before your landlord can take court action, they must send you a formal letter. This will either be called:

• • a ‘notice of seeking possession’ if you are a council or housing association tenant; or

• • a ‘notice to quit’ if you are a private tenant. In some situations, if you are a private tenant and started renting your home before  15 January 1989, your landlord does not have to serve a notice to quit. Contact Shelter on  0808 808 4444 or  contact us for advice. See  Useful contacts at the end of this guide.

Getting one of these letters does not mean you have to leave your home.

Contact your landlord straightaway and try to reach an agreement. Keep paying your rent and what you have offered towards the arrears.

The notice has to give a date after which court action can start. This means you should not receive a claim form from the court before this date. Try and use this time to make an agreement with your landlord. 

Free early legal advice

If you have been notified in writing that your landlord is seeking possession of your home, free early legal advice may be available through the Housing Loss Prevention Advice Service. For information about the help available, go to www.gov.uk and search for ‘Legal aid for possession proceedings’, or contact us for advice.

Don’t wait for court action

If you are in arrears, your landlord may already have written to you. Sometimes they will get a solicitor to write to you as well. Try and contact them as soon as possible to make an agreement. This may mean court action is avoided.

If your landlord is a housing association, check whether they are a member of the National Housing Federation (NHF). If your landlord is a member and you are struggling to pay your rent, the NHF has said that they should work with you to make an arrangement that is manageable in the long term. The NHF has also said that legal action will only be taken in serious circumstances as a last resort.

Pre-action protocol for social landlords

The pre-action protocol for possession claims by social landlords is guidance that must be followed if your landlord is a council, a housing association or other ‘registered social landlord’, and the claim for possession of your home is based on rent arrears. The court will consider whether the protocol has been followed when deciding what order to make. The protocol says your landlord should:

• • contact you and try to agree what you should pay towards the arrears;

• • arrange for your arrears to be paid through direct payments if you are on benefits;

• • help you with any claim you have for Housing Benefit, the housing costs element of Universal Credit or discretionary housing payment;

• • not take possession action if you have given all the evidence needed to process your benefit claim, and you should qualify for benefit; and

• • not take possession action if you keep up with an agreement to pay your rent and an amount towards your arrears.

If your landlord does not follow the protocol, you can bring this up at the court hearing. The District Judge may reject (‘strike out’) the landlord’s claim for possession, or delay (‘adjourn’) the court hearing. Contact us for advice.

Court action – the possession claim

If you have not been able to reach an agreement with your landlord and the time limit on your notice has run out, your landlord can ask the court to send you a claim for possession. This will give you a date and time for a hearing in the County Court. You should get at least four weeks’ notice of the hearing date.

Getting a claim for possession does not automatically mean you will lose your home.

If your landlord asks the court to start possession action, you should get:

• • a copy of the claim form – N5;

• • the particulars of claim (this sets out your landlord’s reasons for taking possession action against you); and

• • a defence form – N11R.

You should fill in the defence form and return it to the court within 14 days of getting it.

Your landlord may issue the claim using the online service called Possession Claim Online (PCOL). You can also fill in forms online using this service. Go to https://www.possessionclaim.gov.uk/pcol/.

Keep paying

Keep paying your normal rent and the amount you have offered towards the arrears. This will show the court you can afford to stay in your home.

Filling in the defence form

It is important to fill in the defence form to give the court a full picture of your finances and what you can afford to pay. The form will give you a chance to explain if you don’t agree with the amount your landlord says you owe.

Check the particulars of claim. It should give:

• • the amount of rent arrears;

• • details of any agreement that you have made with your landlord to repay the arrears; and

• • information about your circumstances that your landlord is aware of, for example if you get Housing Benefit.

If you do not agree with any of the details, say why on the first page of the form.

The form asks you whether you can pay anything towards the arrears. Put down the amount that your budget shows that you can afford to pay, even if your landlord has already refused this offer. If you cannot afford to pay anything towards the arrears, contact us for advice.

Fill in the financial details that the form asks for. This will show the court how you have worked out your payment offer. Use the spare boxes for things which are not listed on the form, but are listed in your budget.

The form also asks about any money you have in bank accounts. If there is money in your account to pay household bills, do not include this in any credit amount you list on the form.

Towards the bottom of the form, there is space to explain why you got into arrears. You can use this section to tell the court about any circumstances that may have affected your case, such as redundancy or illness. You can also use this section if you want to ask the court to give you more time to find somewhere else to live.

Do you have a counterclaim?

The form asks if you have a counterclaim against your landlord. For example:

• • you have been made ill by damp or dangerous conditions;

• • any repairs need doing; or

• • your belongings have been damaged, for example by a leaking roof.

Counterclaims can be complicated. If you think you might have a counterclaim, contact us for advice.

Keep paying your rent

It is important to start paying the amount you have offered, plus your normal rent. You can still come to an agreement with your landlord or their solicitor. If you can reach an agreement, the hearing date may be put off (‘adjourned’) to give the agreement a chance to work.

The hearing

You will not be evicted from your home on the day of the hearing. Attend the hearing (unless it has been adjourned by the court) even if you have already made an agreement with your landlord.

If you are unable to go to the hearing because of illness or disability, write to the court to explain your circumstances and ask if a relative or friend can go instead of you. Don’t forget to include the case number in the letter. You will find this on the court form.

The hearing will not find anyone guilty or innocent. At the hearing, you, your landlord or their representative and the District Judge will be present. The District Judge is the person who decides your case. When you speak to the District Judge, call them ‘Judge’. 

In court duty schemes

The Housing Loss Prevention Advice Service provides an in court duty scheme for possession cases. The scheme gives free legal advice and representation in court on the day of your hearing. If the in court duty scheme is available at the court and you have not already had detailed advice, you should use it. For information about the help available, go to www.gov.uk and search for ‘Legal aid for possession proceedings’, or contact us for advice.

When you go to court

• • Make short notes about what you want to say at the hearing. Take these with you and refer to them if this helps.

• • If your circumstances have changed since you filled in the court form, work out a new budget. Use our Digital Advice Tool to do this. Take  three copies of your budget with you, one for you, one for the District Judge and one for the landlord or their representative.

• • Don’t be pressured into offering more than you can afford. The District Judge may agree with you, and allow you to pay less than the landlord or their representative wants.

• • If English is not your first language, you can take an interpreter with you.

• • Don’t be afraid to approach the landlord or their representative before the hearing to see if you can come to an agreement to present to the District Judge.

• • Answer questions clearly, calmly and fully. This will help the District Judge make his or her decision. Remember, you have as much right to put your case to the court as the landlord does.

• • Remember to tell the District Judge if you think your landlord hasn’t followed the pre-action protocol. See the earlier section Pre-action protocol for possession claims by social landlords.

Orders the District Judge might make

At the hearing, the District Judge can make one of the following orders.

• • An order dismissing your landlord’s action, for example, if you have paid off all the arrears before the hearing date.

• • An order putting off (‘adjourning’) the case. The court may do this to give you time to provide extra information to support your case, or to pay off your arrears in full, for example, by sorting out your claim for Housing Benefit.

• • An order for possession of the property to be given to your landlord, but where possession is ‘postponed’ or ‘suspended’ on conditions the court feels are reasonable. This means that if you keep to the court’s order (normally that you pay the rent plus a set amount towards the arrears each week or month), the court will not allow your landlord to evict you from your home. Your tenancy rights are protected as long as you do not break the terms of the order.

• • An order for outright possession of the property. This means that at the end of a set period, usually  four weeks, your landlord can take the next step towards repossessing your home. See Eviction – what can I do? later in this guide.

What you should ask for

• • If you can show the court that it would be unreasonable to make a possession order, you should ask the District Judge to dismiss the landlord’s claim for possession. This might be because you have been paying the rent plus a regular amount towards the arrears for several months, or your arrears are due to a delay in your benefit claim. You can also ask the court to dismiss the landlord’s claim if you think they have failed to follow the pre-action protocol. Contact us for advice before you go to court if this applies to you.

• • If you can pay all the arrears in a short time, for example, by sorting out your benefit claim, ask for an adjournment.

• • If you can’t pay the arrears in a short time, and the amount of arrears is correct, you should make an offer of payment that you can afford.

• • If you are on Income Support, Pension Credit, Jobseeker’s Allowance, Employment and Support Allowance, Universal Credit or a low income, do not be afraid to offer a very small amount if that is all you can afford. Use the Department for Work and Pensions (DWP) standard amount for direct payments as a guide. Contact us to get the most up to date figure.

• • If the District Judge thinks your offer is fair, he or she is likely to make an order for possession, but it will be postponed if you agree to pay the normal rent plus the amount ordered each week or month towards the arrears. As long as you keep to what the court has ordered, your landlord can take no further action.

• • If the court will not accept any of these arrangements, the District Judge can make an outright order for possession. This would normally allow you at least  four weeks before your landlord could evict you. If you need it, ask the District Judge to give you more time to find somewhere else to live, for example two months. 

What if I can’t pay the order?

If at any time you find you cannot pay the amount which the court has ordered, you must go back to the court and ask for the order to be changed. Use the form N244, which you can get from the court office. There is a fee to pay unless you are on certain benefits or a low income. See  Eviction – what can I do? below. You should also contact your landlord and try to make a new agreement. Contact us for advice.

Eviction – what can I do?

The court will not take action to evict you unless asked to by your landlord. Contact your landlord straightaway if:

• • you have not kept up the payments under a postponed order for possession; or

• • the time given on an outright order for possession has run out.

Try to make an arrangement with your landlord. If you cannot reach an agreement, your landlord can apply to the court for a ‘warrant for possession’. You will get a ‘notice of eviction’ from the court bailiffs, which tells you the date and time when the bailiffs will come to evict you. In most cases, you must be given 14 days’ notice of the eviction date. You may be able to stop the eviction, but you must act quickly.

If you need further time, or want to make a new offer to pay the arrears, you should apply for the warrant to be suspended using form N244. You can find most court forms using the court form finder on the HM Courts and Tribunals Service website at www.justice.gov.uk/about/hmcts. You can fill in application forms online and print them off to sign and send to the court.

If your landlord is a housing association, also check whether they are a member of the National Housing Federation (NHF). If they are, the NHF has said that “no one will be evicted from a housing association home as a result of financial hardship, where they are working (or engaging) with their housing association to get their payments back on track.” Contact your landlord to let them know that you want to discuss a payment arrangement and remind them of the what the NHF has said.

How to fill in an N244

You need to get your completed form to the court as soon as possible, to allow time for the court to arrange a hearing. When you fill in the N244, you can ask the court to suspend the warrant of possession for the following reasons.

• • To make a new offer of payment on your arrears.

• • To ask the court to give you more time to find somewhere else to live.

The following points might be helpful when you fill in the form:

• • Include the claim number of the case, and details of your landlord.

• • Question 1 Fill in your name here.

• • Question 2 You will normally tick the box that says ‘defendant’.

• • Question 3 Explain here what you want the court to do and why. Explain why you have not been able to pay, and give details of any new offer of payment. Make sure you don’t offer more than you can afford. Work out a new budget and send a copy with the N244.

• • Question 4 This asks if you have attached a draft of the order you are applying for. We would suggest that you only tick ‘yes’ if you have had help from a solicitor or advice agency with drafting it.

• • Question 5 This asks if you want to have the application dealt with at a hearing. Most applications will be dealt with at a hearing so we suggest that you tick ‘yes’ here.

• • Questions 6, 7 and 8 It is safer to leave these blank, rather than guess how long a hearing will last, or what level of judge you need.

• • Question 9 Only fill in this question in if there is someone you want the court to send a copy of the application to, such as a solicitor.

• • Question 10 You should tick the box to explain what evidence you will be relying on to support your case. If you are going to court on your own, tick the box saying you are relying on ‘the evidence set out in the box below’. You need to include any evidence you have to support your case. You should also include any information you have about your possible defence. Give reasons if your application has been delayed.

• • Question 11 Fill in this question if you want to make the court aware that you (or someone giving evidence on your behalf) is vulnerable.

Once you have filled in the form:

• • sign the statement of truth at the bottom of the form; and

• • send the form back to the court.

Remember to keep a copy of the form.

Court fees

There will be a fee to pay to make this application. In certain circumstances, you may not have to pay the fee, or may get a discount. Contact us for advice.

Act quickly

You should make your application as far ahead of your eviction date as possible. Make it at least  three days in advance if possible. The court may refuse to accept your application if it is not within this time, but it is able to accept late applications under court rules. If your application is refused, contact us for advice.

What will happen next?

The court will set a date for a hearing, usually before the eviction date. You must go to this hearing or the court is unlikely to suspend the warrant.

If any further warrants are issued, you may still be able to ask the court to suspend them, for example to give you time to find somewhere else to live.

If the court refuses your application to suspend the warrant, your eviction will go ahead. If this happens to you, contact Shelter or  contact us for advice. See Useful contacts at the end of this guide. 

Try to move before eviction day

If you don’t, the bailiffs can force their way in and change the locks. If your furniture and possessions have not been removed by the time of the eviction, you will need to make arrangements with your landlord within a reasonable time, usually  two weeks, to remove them.

Part three

This section has advice for:

• • private tenants who started renting their homes on or after  15 January 1989; and

• • housing association tenants who started renting their homes on or after  15 January 1989.

This section gives advice on the following.

• • What type of tenancy do I have?

• • What if my landlord increases my rent?

• • How can I pay off my rent arrears?

• • Is your landlord refusing to agree to your offer?

• • What if my landlord takes court action?

• • Eviction – what can I do?

What type of tenancy do I have?

It is very important to check exactly what sort of tenancy agreement you have. It is a lot easier for a landlord to evict you from your home if you have an ‘assured shorthold tenancy’ (see below).

If your tenancy agreement has run out, the court must make you leave your home as long as you have had two months’ notice in writing. See the Accelerated possession procedure in the later section  Eviction – what can I do?

If you have an assured tenancy, in most cases the court can decide if it is reasonable to make you leave your home, unless you have over  two months’ or  eight weeks’ rent arrears and your landlord uses this reason to start court action.

Assured shorthold tenancies

From  28 February 1997, new tenancies will normally be assured shorthold tenancies, unless you are given a notice by the landlord that says you have an ‘assured tenancy’.

• • For assured shorthold tenancies that began before  28 February 1997, your landlord must have given you a written notice that your tenancy is an assured shorthold tenancy before the tenancy began. The tenancy must have been for a fixed term of more than six months.

• • If your tenancy started on or after  28 February 1997, your landlord does not have to give you any written notice of the tenancy type. All new tenancies from this date will automatically be assured shorthold tenancies unless your landlord tells you otherwise in writing. Even if your tenancy is not for a fixed term, it will still be an assured shorthold tenancy.

Assured tenancies

Assured tenancies usually have no time limits although some may last for a fixed time. Housing association tenants will normally have this sort of tenancy, as well as some tenants of private landlords. 

From  28 February 1997, you will not be an assured tenant unless your landlord gives you notice to say so. 

If you are not sure what type of tenancy you have, contact Shelter or  contact us for advice.

Are you already an assured tenant?

If you are already an assured tenant, your landlord cannot usually make your tenancy an assured shorthold tenancy. If your landlord tries to do this, contact us for advice.

What if my landlord increases my rent?

With assured and assured-shorthold tenancies, there is usually no fixed limit on the rent. However, if your tenancy is for a fixed period, your landlord cannot increase the rent during this time unless you agree to the change, or your tenancy agreement says your landlord can do this. If your tenancy is not for a fixed period, and your landlord increases it, you may be able to challenge the increase by appealing to the First-tier Tribunal Property Chamber (Residential Property).

If your landlord wants to increase your rent and you think it is too much, you can ask your landlord to reconsider their decision without making a formal appeal. Write to your landlord to tell them that you do not agree to the increase. Explain why this is the case. For example, the new amount of rent may be more than the rent for similar properties in the area. Keep a copy of any letters or emails that you send to your landlord.

Some landlords may decide to evict a tenant if they challenge a rent increase (although they will need a court order to do this). If you are worried that this may happen, contact Shelter or a local advice agency for advice before you contact your landlord. See Useful contacts at the end of this guide.

If you plan to challenge or appeal the rent increase, keep paying your old rent. If you pay the increased rent, this could be taken to mean that you agree to the rent increase. Put money aside to pay the increase in case your challenge or appeal is unsuccessful.

If you claim more Housing Benefit or Universal Credit because of the increased rent, this could also be taken to mean that you agree to the rent increase. If you are currently getting benefits and plan to challenge or appeal a rent increase, contact us as you may need extra advice.

If you do not plan to challenge or appeal the rent increase, start making the new rent payments. Report any changes in your rent to your Housing Benefit office or through your online account if you get Universal Credit. If you are not already claiming help towards your housing costs, check whether the increase in rent will mean that you now qualify.

How can I pay off my rent arrears?

You may not be in arrears yet, or your landlord may have started court action. Whatever the situation, do not delay. Contact your landlord as soon as possible and let them know that you are dealing with the situation.

If you are waiting for a Housing Benefit claim to be sorted out and this is making your rent arrears worse, explain this to your local council. Ask for an interim payment of Housing Benefit if you have been waiting more than  14 days. See  Part One of this guide for more information about interim payments of Housing Benefit

Have the rent arrears been worked out properly?

Get a breakdown of your rent account from your landlord. Check that all the payments you have made have been added to your account. Ask for regular statements and keep your receipts.

If Housing Benefit is paid directly to your landlord and there has been an overpayment, the rules on whether or not a Housing Benefit overpayment should be treated as rent arrears are complicated. If you need more advice about this or are unsure if your rent arrears include a Housing Benefit overpayment, contact Shelter or  contact  us for advice.

How to make an offer

If you have fallen behind with your rent payments, you will usually need to continue paying your normal amount of rent plus something extra towards the arrears.

• • You will need to fill in a budget to work out what you can afford to pay toward the arrears. Use our Digital Advice Tool to do this.

  • Send your landlord a copy of your budget and make an offer to pay a regular amount towards the arrears. Don’t be afraid to offer only a small amount if that is all you can afford. 

• • If you get Universal Credit housing costs element or Housing Benefit, ask if you can have it paid directly to your landlord. This may make your landlord more willing to agree to your offer as they know that they will get a regular payment.

• • If you get Income Support, Pension Credit, Employment and Support Allowance, Jobseeker’s Allowance or Universal Credit, you may be able to have a set amount taken out of your benefit and paid directly to your landlord for rent arrears. Contact us for advice.

• • Start paying the amount you have offered straightaway.

• • If you cannot afford to pay anything, contact us for advice.

Paying off arrears

The rules about how Housing Benefit is paid are changing. This may mean that you will no longer be able to have an amount taken out of your benefit each week to help pay your arrears. Contact us for advice.

Is your landlord refusing to agree to your offer?

If your landlord refuses your offer of payment, this does not mean you will automatically lose your home. If your landlord refuses to accept your offer:

• • start paying your rent straightaway, plus the amount you have offered towards the arrears;

• • contact your landlord and use your budget to show that the amount you have offered is all you can afford;

• • keep a record of all payments and letters to and from your landlord; and

• • keep paying your rent and arrears payments.

If your landlord still takes action against you or threatens to use bailiffs against you to make you pay the arrears, contact us for advice.

No eviction without a court order

You cannot be evicted without a court order. If your landlord is threatening to throw you out without going to court, or harasses you to make you leave, they may be acting illegally. If this happens to you, tell your local council or  contact us for advice.

Pre-action protocol for claims by social landlords

There is guidance that must be followed if your landlord is a council, a housing association or other ‘registered social landlord’. The court will use the ‘Pre-action protocol for possession claims by social landlords’ when deciding what order to make. Your landlord should:

• • contact you and try to agree what you should pay towards the arrears;

• • arrange for your arrears to be paid through direct payments if you are on benefits;

• • help you with any claim you have for benefits including Housing Benefit;

• • not take possession action if you have given all the evidence needed to process your benefit claim, and you should qualify for benefit; and

• • not take possession action if you keep up with an agreement to pay your rent and an amount towards your arrears.

If your landlord does not follow the protocol, you can bring this up at the court hearing. The District Judge may reject (‘strike out’) the landlord’s claim for possession, or delay (‘adjourn’) the court hearing. Contact us for advice.

Renewing assured shorthold tenancies

If you have an assured shorthold tenancy, your landlord does not have to renew your tenancy when it runs out. They are not likely to let you stay if you are behind with your rent. You must try to come to an agreement with your landlord and pay the amount you have offered towards your arrears. If you pay regularly, and on time, your landlord may be willing to renew your tenancy. 

If you are an assured shorthold tenant and your landlord starts court action because your tenancy has come to an end, the court cannot allow you to stay in your home. This is called the ‘accelerated possession procedure’. See the Accelerated possession procedure information in the later section  Eviction – what can I do?

What if my landlord takes court action?

Your landlord can take court action if:

• • you have any rent arrears;

• • you have rent arrears of more than two months or  eight weeks;

• • you have ‘persistently delayed’ in paying your rent. You do not have to be in arrears when your landlord starts court action for this reason, for example, if your Housing Benefit always arrives after the date the rent is due; or

• • if you have an assured shorthold tenancy that has run out. See  Renewing assured shorthold tenancies  in the earlier  Pre-action protocol for possession claims by social landlords section of this guide.

Before court action

Before your landlord can take court action, they must send you a formal letter (also known as a ‘notice’). It is called a ‘notice of intention to begin proceedings’.

The notice must be served on you before court proceedings can start. It does not mean you have to leave your home.

Contact your landlord straightaway and try to reach an agreement. Keep paying your rent and the amount you have offered towards the arrears. 

If your landlord is a housing association, check whether they are a member of the National Housing Federation (NHF). If your landlord is a member and you are struggling to pay your rent, the NHF has said that they should work with you to make an arrangement that is manageable in the long term. The NHF has also said that legal action will only be taken in serious circumstances as a last resort.

Free early legal advice

If you have been notified in writing that your landlord is seeking possession of your home, free early legal advice may be available through the Housing Loss Prevention Advice Service. For information about the help available, go to www.gov.uk and search for ‘Legal aid for possession proceedings’, or contact us for advice.

If you have two months’ or eight weeks’ arrears

If you have  two months’ or  eight weeks’ rent arrears when you get your notice of possession proceedings, you must start paying your rent and something off the arrears straightaway. 

• • If you have two months’ or  eight weeks’ rent arrears, start paying your rent and something towards the arrears straightaway. The amount you pay must reduce your arrears to under two months or  eight weeks by the date of the court hearing.

• • If you are in arrears because you are waiting for Housing Benefit to be paid, contact your Housing Benefit office. Explain why your claim is urgent and ask for an interim payment.

• • If you can’t start paying straightaway, or if you can’t reduce your arrears quickly enough, contact us for advice.

Court action – the possession claim

If you have not been able to make an agreement with your landlord and the time limit on the notice seeking possession or notice to begin proceedings has run out, your landlord can ask the court to start possession action. This will give you a date and time for a hearing in the County Court. You should get at least four weeks’ notice of the hearing date.

Getting a claim for possession does not automatically mean you will lose your home.

If your landlord asks the court to start possession action, you should get:

• • a copy of the claim form – N5;

• • the particulars of claim (this sets out your landlord’s reasons for taking possession action against you); and

• • a defence form – N11R.

You should fill in the defence form and return it to the court within 14 days of getting it.

• • Your landlord can start court action even if you have no rent arrears, but have had rent arrears in the past.

• • Even if your landlord takes you to the county court, you will not lose your home on the day of the hearing.

• • Keep paying your rent and the amount you have offered towards the arrears. This shows the court you are now able to pay.

• • Even if you have managed to clear your arrears by the date of the hearing, the landlord can still go ahead with the court action. This means you must fill in the court papers and go to a hearing that has been set by the court.

Possession claim online

Your landlord may issue their claim using the online service. You can fill in the forms at Possession claim online (PCOL).

Filling in the defence form

It is important to fill in the defence form to give the court a full picture of your finances and what you can afford to pay. It will also give you a chance to explain if you don’t agree with the amount your landlord says you owe.

Check the particulars of claim. It should give:

• • the amount of the rent arrears;

• • details of any agreement that you have made with your landlord to repay the arrears; and

• • information about your circumstances that your landlord is aware of, for example if you get Housing Benefit.

If you do not agree with any of the details, say why on the first page of the form.

The form asks you whether you can pay anything towards the arrears. Put down the amount that your budget shows you can afford to pay, even if your landlord has already refused this offer. If your landlord is asking for possession because you have  two months’ or  eight weeks’ rent arrears, remember it could be very important to reduce them to less than this by the date of the hearing. If you cannot afford to pay anything towards the arrears, contact us for advice.

Fill in the financial details that the form asks for. This will show the court how you have worked out your payment offer. Use the spare boxes for things which are not listed on the form, but are in your  budget.

The form also asks about any money you have in bank accounts. If there is money in your account to pay household bills, do not include this in any credit amount you list on the form.

Towards the bottom of the form, there is space to explain why you got into arrears. You can use this section to tell the court about any circumstances that may have affected your case, such as redundancy or illness. You can also use this section if you want to ask the court to give you more time to find somewhere else to live.

It is important to start paying the amount you have offered, plus your normal rent. You can still come to an agreement with your landlord or their solicitor. If you can reach an agreement, the hearing date may be put off (‘adjourned’) to give the agreement a chance to work.

Do you have a counterclaim?

The form asks if you have a counterclaim against your landlord. For example:

• • you have been made ill by damp or dangerous conditions;

• • any repairs need doing; or

• • your belongings have been damaged, for example by a leaking roof.

If you think you might have a counterclaim, contact us for advice.

The hearing

You will not be evicted from your home on the day of the hearing. Attend the hearing (unless it has been adjourned by the court) even if you have already made an agreement with your landlord

If you are unable to go to the hearing because of illness or disability, write to the court to explain your circumstances and ask if a relative or friend can go instead of you. Don’t forget to include the case number in the letter. You will find this on the court form.

The purpose of the hearing is not to find anyone guilty or innocent, but to come to a fair decision for both sides. As long as your rent arrears are under  two months or  eight weeks, the court should consider your offer of payment towards the arrears.

At the hearing, you, your landlord or their representative and the District Judge will be present. The District Judge is the person who decides your case. When you speak to the District Judge, call them ‘Judge’. 

In court duty schemes

The Housing Loss Prevention Advice Service provides an in court duty scheme for possession cases. The scheme gives free legal advice and representation in court on the day of your hearing. If the in court duty scheme is available at the court and you have not already had detailed advice, you should use it. For information about the help available, go to www.gov.uk and search for ‘Legal aid for possession proceedings’, or contact us for advice.

When you go to court

• • Make short notes about what you want to say at the hearing. Take these with you and refer to them if this helps.

• • If your circumstances have changed since you filled in the court form, work out a new budget. Use our Digital Advice Tool to do this. Take  three copies of your budget with you, one for you, one for the District Judge and one for the landlord or their representative.

• • Don’t be pressured into offering more than you can afford. The District Judge may agree with you, and allow you to pay less than the landlord’s representative wants.

• • If English is not your first language, you can take an interpreter with you.

• • Don’t be afraid to approach your landlord or their representative before the hearing to see if you can come to an agreement to present to the District Judge. 

• • Answer questions clearly, calmly and fully. This will help the District Judge make his or her decision. Remember, you have as much right to put your case to the court as the landlord has.

• • If your landlord is a housing association, remember to point out to the District Judge if you do not think your landlord has followed the pre-action protocol. See the earlier section  Pre-action protocol for possession claims by social landlords earlier in this guide.

Orders the District Judge might make

At the hearing, the District Judge can make one of the following orders.

• • An order putting off (‘adjourning’) the case. The court may do this to give you time to provide extra information to support your case. For example, the court can tell the landlord to provide full details of your arrears if you have not had these.

• • An order in your favour, for example if you have a counterclaim for repairs for the same amount, or more than, the arrears.

• • An order for possession of the property to be given to your landlord, but where possession is ‘postponed’ or ‘suspended’ on conditions the court feels are reasonable. This means that if you keep to the court’s order (normally that you pay the rent plus a set amount towards the arrears each week or month), the court will not allow your landlord to take your home. Your tenancy rights are protected as long as you do not break the terms of the order.

• • An order for outright possession of the property. This means that at the end of a set period, your landlord can take the next step towards repossessing your home. See the later section  Eviction – what can I do? in this guide. 

What you should ask for

If you are not in arrears, ask the court to adjourn the hearing because you can now afford to pay your rent regularly. If at any time in the future you have problems paying your rent, you must contact your landlord to make an agreement.

If you are in arrears, ask the District Judge to adjourn the hearing if you can pay all the arrears in a short space of time, for example, by sorting out your Housing Benefit claim, or because you don’t think your landlord has followed the pre-action protocol. The court may not be prepared to do this unless you can show ‘exceptional circumstances’. 

• • If you can’t pay the arrears in a short time and you agree that the amount of arrears is correct, you should make an offer of repayment that you can afford.

• • If you are on Income Support, Pension Credit, Jobseeker’s Allowance, Employment and Support Allowance, Universal Credit, or a low income, do not be afraid to offer a very small amount if that is all you can afford. Use the Department for Work and Pensions (DWP) standard amount for direct payments as a guide. Contact us to get the most up to date figure.

• • If the District Judge thinks your offer is fair, he or she is likely to make a postponed order for possession unless your arrears are more than  two months or  eight weeks. This means that as long as you keep paying the normal rent plus the amount ordered each week or month towards the arrears, your landlord can take no further action.

• • If the court will not accept any of these arrangements, the District Judge can make an outright order for possession. You do not have to leave your home on the day of the hearing. If you need it, ask the District Judge to give you more time to find somewhere else to live.

If you still have two months’ arrears

If your rent arrears are  two months or  eight weeks at the date of the hearing, the District Judge may not be able to give you time to pay.

What if I can’t pay the order?

If at any time you find you cannot pay the amount which the court has ordered, you must go back to the court and ask for the order to be changed. Use the form N244, which you can get from the court office. There is a fee to pay unless you are on certain benefits or a low income. See  Eviction – what can I do? later in this guide. You should also contact your landlord and try to make a new agreement. Contact us for advice.

Eviction – what can I do?

The court will not take action to evict you unless asked to by your landlord. Contact your landlord straightaway if:

• • you have not kept up the payments under a postponed order for possession; or

• • the time given on an outright order for possession has run out.

Try to make an arrangement with your landlord. If you cannot reach an agreement, your landlord can apply to the court for a ‘warrant for possession’. You will get a ‘notice of eviction’ from the court bailiffs, which tells you the date and time when the bailiffs will come to evict you. In most cases, you must be given 14 days’ notice of the eviction date. You may be able to stop the eviction, but you must act quickly.

 If you need further time, or want to make a new offer to pay the arrears, you may be able to apply to court for the warrant to be suspended.

Use form [N244] (https://tinyurl.com/NDL-FS-CFI-5) to ask the court to suspend the warrant.

When you fill in the  N244, you should explain what you want the court to do. You can ask the court to suspend the warrant of eviction for the following reasons.

• • To ask the court to give you more time to find somewhere else to live.

• • To make a new offer of payment on your arrears.

If you are making a new offer to pay your arrears, make sure you don’t offer more than you can afford. Work out a new budget and send a copy with the  N244.

For advice on how to fill in the  N244 form, see the earlier section  How to fill in an N244 in  Part two  of this guide. 

There will be a fee to pay to make this application. If you are on benefits or a low income, you may not have to pay the fee, or may get a discount. Contact us for advice.

If your landlord is a housing association, also check whether they are a member of the National Housing Federation (NHF). If they are, the NHF has said that “no one will be evicted from a housing association home as a result of financial hardship, where they are working (or engaging) with their housing association to get their payments back on track.” Contact your landlord to let them know that you want to discuss a payment arrangement and remind them of the what the NHF has said.

High court action

If your landlord has asked for your case to be transferred to the High Court, contact us for advice straightaway.

What will happen next?

The court will set a date for a new hearing, usually before the eviction date. You must go to this hearing or the court is unlikely to suspend the warrant.

If any further warrants are issued, you may still be able to ask the court to suspend them, for example to give you time to find somewhere else to live.

If the court refuses your application to suspend the warrant, your eviction will go ahead. If this happens to you, contact Shelter or  contact us for advice. See  Useful contacts at the end of this guide. 

After you are evicted your landlord may:

• • ask you to pay the rent you still owe; and

• • ask you to pay for repairing any damage done to your home while you were renting it. Contact us for advice.

Move before eviction day

Try to move out before the eviction date, because the bailiffs can force their way in if they have to and change the locks. If your furniture and possessions are not removed by the time of the eviction, you should make arrangements for their removal with your landlord. This should usually be within two weeks.

Accelerated possession procedure

If you have an assured shorthold tenancy, your landlord may be able to ask the court to make a possession order without a court hearing. This can only happen if your tenancy has come to an end. You must have been given the correct amount of notice in writing from the landlord. The landlord cannot use this procedure for any other reason.

The court will send you claim form N5B and ask you to fill in a reply on form N11B. You must reply if you have a defence. You can ask to stay for up to  6 weeks if leaving after  14 days will cause you severe hardship. The court will then set a hearing date to decide what will happen. If you do not reply to the claim, your landlord can get a possession order after 14 days without a hearing.

If your landlord is asking for possession in this way, contact Shelter, a local advice agency or  contact us for advice.

Getting rehoused

If you think you may lose your home, contact your local council for help as a homeless person. The council only has to offer you permanent rehousing as homeless under certain circumstances.

The council has to look at whether you:

• • are homeless and eligible for help;

• • are in a priority need group;

• • deliberately did something that made you lose your home (this is called ‘intentional homelessness’); and

• • have a local connection with the area in which you have applied for help. 

Get specialist advice

The rules about homelessness are complicated. If you think you may lose your home, get advice as soon as possible. Contact Shelter, a local advice centre or contact us for advice. See Useful contacts below for details.

Our Advice if you are worried about losing your home guide also includes useful information.

Useful contacts

Citizens Advice Independent, free advice on issues such as debt, housing and benefits. Phone: 0344 411 1444 www.citizensadvice.org.uk

Shelter You can get further advice from www.shelter.org.uk, or a local Shelter advice service.If you have nowhere to sleep tonight, are at risk of harm or losing your home within the next two months, call Shelter Helpline on 0808 800 4444 for advice and information on your options.

Other guides that may help you

Advice if you are worried about losing your home guide

Breathing space guide