How To Deal With Rent Arrears
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Samuel O’Flaherty
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What can I do if I am struggling to pay off rent arrears?
There are many reasons why one might fall behind on rent payments. This can be stressful and feel overwhelming. This article offers some tips to help with this. Understanding and using these options can provide much-needed relief and potentially prevent eviction.
Don’t delay, act right away
The sooner you take action the better. This will reassure your landlord and help avoid the arrears spiralling out of control. Some of the options below also take time to process, so you want to get things going as soon as possible.
Communicate with your landlord
The first and most crucial step for tenants facing rent arrears is to communicate openly with their landlord. Explaining the situation and proposing a realistic repayment plan can often lead to a mutually agreeable solution. Landlords may be willing to accept smaller, more manageable payments over an extended period. Be sure that what you offer is affordable, because if you do not keep to your promise this will make your landlord less likely to trust you and more likely to start possession proceedings to evict you.
Get Free Advice from Debt Charities
The organisations below offer free, confidential advice. These charities can help tenants understand their rights, develop a budget, and negotiate with landlords. They can also provide assistance with accessing other forms of support (see below).
- Citizens Advice – https://www.citizensadvice.org.uk/
- StepChange – https://www.stepchange.org/
- National Debtline – https://nationaldebtline.org/
- Money & Pensions Service – https://maps.org.uk/en
- Shelter –https://www.shelter.org.uk/
Can you claim benefits to help pay your rent?
If you have not already, you should check if you are eligible to claim for Universal Credit to pay towards the rent (or ‘Housing Benefit’ in certain cases, e.g. if you are living in temporary accommodation for the homeless). These benefits can significantly reduce the financial burden. Tenants should check their eligibility through the UK government’s website or consult with a benefits advisor.
Apply for grants from your Local Council
Your Local Council has a range of grants that you might be able to apply to for help to pay towards the rent arrears.
Discretionary Housing Payments (‘DHP’)
Discretionary Housing Payments can provide extra financial assistance for those receiving housing
benefits or Universal Credit but still struggling to meet their rent. Local councils administer DHP, and applications are considered on a case-by-case basis. Tenants should contact their local council to apply. You can normally apply via your council’s website.
Homelessness Prevention Grant (‘HPG’)
If you are at risk of homelessness because of the rent arrears, for example if your landlord has given you a notice of seeking possession or already started possession proceedings, then you may be eligible to apply to your Local Council for a HPG. The Council will have a duty to take reasonable steps to secure that you keep your accommodation, such as offering you a HPG, so long as you are eligible for homelessness assistance (this has to do with your immigration status) and you are likely to become homeless within 56 days.
The HPG is not normally advertised. You will need to write to your Local Council’s Homelessness Department to request this and then chase it up.
Hardship / Crisis / Emergency Support Grant
Local councils often have schemes to help tenants in financial difficulty. These may include grants (sometimes called ‘Hardship’, ‘Crisis’or ‘Emergency Support’ Grant), loans, or other support mechanisms. More information about your council’s scheme can be found on their website or by contacting them.
Consider a Debt Relief Order (‘DRO’)
A Debt Relief Order is a way to deal with debts if you owe less than £30,000, have less than £2,000 in assets, and have a disposable income of £75 or less per month. DROs can write off rent arrears along with other debts, giving tenants a fresh start. However, tenants should seek advice to understand the implications fully, as it can negatively effect your credit rating and ability to get loans/credit cards etc.
You will need to contact an authorised debt advisor to apply for this, such as through the Citizens Advice – how to get a debt relief order.
Breathing Space Debt Moratorium
You may also be able to get help from an authorised debt advisor (e.g. through Citizens Advice) to apply for a ‘Breathing Space Debt Moratorium’. This can give you a break (‘breathing space’) of up to 60 days in which time your landlord cannot evict you, to give you time to get on top of your debts. The breathing space can also cover other debts you might have, preventing those creditors from coming after you during the breathing space period.
If you are receiving treatment from a specialist mental health service for a serious mental disorder, then you may also be able to apply for a mental health crisis breathing space. This lasts for the duration of your treatment plus 30 days.
Help from your Social Landlord
If you have a ‘social landlord’ then they should be helping you to try resolve your rent arrears. A ‘social landlord’ is the Council or a ‘Private Registered Provider of Social Housing’ (most Housing Associations). These landlords should be offering you this help before they start looking in to evicting you, including help with claiming benefits. For more information about what social landlords should be doing at this stage visit: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/pre-action-protocol-for-possession-claims-by-social-landlords.
- Read about a client we helped: Client rehoused and £16,000 arrears cleared
Get support from Osbornes Law
Taking proactive steps and seeking support early can make a big difference in resolving financial difficulties and maintaining stable housing. If your landlord has started the process to evict you because of rent arrears then you may wish to get legal advice from our litigation team at Osbornes.
To speak with one of our Litigation Team, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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