If your rent is not paid, the money owed is called 'rent arrears'. Rent arrears are 'priority debts', which means the consequences of not dealing with them are serious - there is a risk of eviction.
Dealing with rent arrears
If you can't pay your rent, you have missed rent payments or you're worried your payments are not being made, sort things out as soon as you can. Even if you have other debts, make sure you prioritise rent arrears.
Things to do to help you get back on track
•make a list of all your debts and put them in order of priority
•write down all your income and expenses - then see how much you've got to pay your debts
•work out how much you can afford to pay to each creditor (a person or organisation you owe money to)
•consider seeking advice from a debt advice agency such as National Debtline (see 'Help and advice' below)
•most importantly, talk to your landlord - try to reach an agreement about paying off the arrears, but don't agree to pay more than you can afford. One way to do this is through an agreed debt management plan.
Remember that once your rent is being paid in full again, the arrears that have built up will still have to be paid off.
Arrears caused by Housing Benefit problems
Sometimes, rent arrears arise as a result of problems with claiming and processing Housing Benefit and other entitlements. If your Housing Benefit hasn't been paid, contact your local council to find out what's happening. There could be a backlog, or the council might need more information to deal with your claim. Do seek advice from your landlord or an independent adviser who may be able to assist you with making a claim; incomplete paperwork will hold up your claims. Tell your landlord what's going on and keep any correspondence.
Help with paying your rent
If you're on a low income, or having financial problems, check if you qualify for any benefits - such as Housing Benefit, Council Tax Benefit or tax credits. You don't have to be out of work to claim benefits and you could qualify for more than one.
Even if you already receive Housing Benefit, if it doesn't cover your rent you may be able to get some extra money - called 'discretionary housing payment'. Contact your local council to see if you qualify.
You should also consider seeking advice from a debt advice agency, which should be able to advise you on how to maximise your benefits and about any additional benefits you may be able to claim. They may also be able to assist you with filling out the forms and ensuring that any claims are not held up by incomplete paperwork.
What can happen if you don't pay your rent
Landlords usually have the right to seek a court order to evict you for rent arrears. In certain circumstances your landlord may be able to evict you without the need to obtain a court order first.
The rules about when and how a landlord may evict you for rent arrears differ according to the type of tenancy agreement you have. The type of tenancy agreement you have will depend partly on who your landlord is.
To find out more about how different types of tenancy agreement affect what happens if you don't pay your rent visit the links below, or seek free, independent advice (see 'Help and advice' below).
Help and advice
You can get free, independent advice about rent difficulties from several organisations.
Housing advice centres
Housing advice centres offer help with all housing matters. They're run by local authorities or voluntary organisations.
Shelter
Shelter offers face-to-face, phone, email and online advice about any housing problems (not just homelessness).
Citizens Advice Bureau (CAB)
The CAB offers free, confidential advice face-to-face or by phone. Most CABs also offer home visits, and some give email advice.
National Debtline
National Debtline is a free, confidential service offering independent advice about dealing with debt. You can get information online or by calling the free helpline.
If you allow your rent arrears to build up, you could lose your home. Find out how to avoid this by managing your debts and finding a solution with your landlord. Also, if your landlord takes you to court, find out about getting advice and what happens on the day.
Take action if you are behind with your rent
If you are behind with your rent, or are worried that you’ll have difficulties paying in future, take action immediately by following these three steps:
•find out what kind of tenancy you have
•get advice and plan a budget to tackle your debts
•try to find a solution with your landlord
If your landlord sends you letters about rent arrears, make sure you read them. The letters will contain information about how much rent you owe and action your landlord is going to take.
1: Find out what kind of tenancy you have
A tenancy is a written legal agreement between a landlord and tenant about renting a property. The kind of tenancy you have will make a big difference to what may happen if you have rent arrears.
Or, see the section ‘Help and advice’ in ‘Rent arrears’ to contact an adviser who may be able to say what kind of tenancy you have.
The difference your tenancy will make
If your landlord takes you to court, the judge will look at the kind of tenancy you have when making a decision. The kind of tenancy you have can mean the judge decides either:
•when, and not if, you must leave your home
•when and how rent arrears are paid and whether you can stay in your home
Follow the link below to find out about some of the different kinds of tenancy
2: Get advice and make a budget
If you have rent arrears, follow the link below to find out contact details for organisations with advisers that can give help on tackling debt.
You can get a solicitor or legal adviser from Community Legal Advice
Help an adviser can give
Speak to an adviser to get help with:
•what your legal rights are
•what you should say to your landlord
•finding a new place to live if you can’t afford where you live now
•planning a budget
•checking if you are eligible for any benefits
Planning a budget
You can work out a budget by looking at:
•how much you earn
•what you spend
•what your debts are - rent arrears are a ‘priority’ debt, which means it’s important to pay off first
3: Try to find a solution with your landlord
You should contact your landlord and try to come to an agreement with them urgently. If you are a council or housing association tenant, speak to your housing officer.
Your landlord may not want you to leave because it means they will lose money and need to replace you with someone else. If you don’t try to come to an agreement, your landlord may have no option but to take action against you.
Make sure you get any agreement with your landlord in writing so that you both have the same understanding of what has been decided.
Rent arrears – a guide If you allow your rent arrears to build up, you could lose your home. Find out how to avoid this by managing your debts and finding a solution with your landlord. Also, if your landlord takes you to court, find out about getting advice and what happens on the day.
Take action if you are behind with your rent
If you are behind with your rent, or are worried that you’ll have difficulties paying in future, take action immediately by following these three steps:
•find out what kind of tenancy you have
•get advice and plan a budget to tackle your debts
•try to find a solution with your landlord
If your landlord sends you letters about rent arrears, make sure you read them. The letters will contain information about how much rent you owe and action your landlord is going to take.
1: Find out what kind of tenancy you have
A tenancy is a written legal agreement between a landlord and tenant about renting a property. The kind of tenancy you have will make a big difference to what may happen if you have rent arrears.
Find out what kind of tenancy you have by following the link below.
Tenancy checker - Shelter Opens new windowOr, see the section ‘Help and advice’ in ‘Rent arrears’ to contact an adviser who may be able to say what kind of tenancy you have.
Rent arrears (money, tax and benefits section)The difference your tenancy will make
If your landlord takes you to court, the judge will look at the kind of tenancy you have when making a decision. The kind of tenancy you have can mean the judge decides either:
•when, and not if, you must leave your home
•when and how rent arrears are paid and whether you can stay in your home
Follow the link below to find out about some of the different kinds of tenancy.
Types of tenancies - private renting2: Get advice and make a budget
If you have rent arrears, follow the link below to find out contact details for organisations with advisers that can give help on tackling debt.
Rent arrears - help and advice (money, tax and benefits section)You can get a solicitor or legal adviser from Community Legal Advice.
Find a legal adviser (Community Legal Advice website) Opens new windowHelp an adviser can give
Speak to an adviser to get help with:
•what your legal rights are
•what you should say to your landlord
•finding a new place to live if you can’t afford where you live now
•planning a budget
•checking if you are eligible for any benefits
Benefits adviser - check your eligibilityPlanning a budget
You can work out a budget by looking at:
•how much you earn
•what you spend
•what your debts are - rent arrears are a ‘priority’ debt, which means it’s important to pay off first
Dealing with priority debts - National Debtline (PDF, 264K) Opens new windowHelp with PDF filesFind out everything you need to know about dealing with debt, including benefits you could claim and tackling credit card debt, by following the link below.
Dealing with debt - National Debtline (PDF, 2380K) Opens new windowHelp with PDF files3: Try to find a solution with your landlord
You should contact your landlord and try to come to an agreement with them urgently. If you are a council or housing association tenant, speak to your housing officer.
Your landlord may not want you to leave because it means they will lose money and need to replace you with someone else. If you don’t try to come to an agreement, your landlord may have no option but to take action against you.
Make sure you get any agreement with your landlord in writing so that you both have the same understanding of what has been decided.
Video: rent arrears – dos and don’ts
Watch a video explaining what you can do if you are in rent arrears by following the link below.
Video: rent arrears - dos and don'tsTelling you about your arrears
The kind of tenancy you have will decide what your landlord can do about your rent arrears. Follow the link below to find out:
•what kind of notice your landlord has to give you about your arrears
•what steps your landlord has to take before taking court action
How you know your landlord is taking you to court
You’ll know your landlord is taking you to court because you’ll be sent court papers that will include a date for your court hearing. You’ll need to get advice and prepare for court
Make sure you go to court
It’s very important you attend your court hearing. It will be your chance to explain to the judge why you have rent arrears. If you don’t go, it’s very likely the judge will decide that you’ll lose your home. Find out about getting legal advice and what happens in court on the day by following the link below
Take action if you get an eviction notice
It’s vital to get legal advice if you get a notice from the court saying you are going to be evicted. Find out what decisions a judge can make in court and what you should do next by following the links below.
Appealing against a judge’s decision on rent arrears
If you think the judge made a mistake in your original hearing, you might be able to appeal