Rent arrears in private rented housing
Rent is one of your most important monthly payments. If you pay late or miss payments, it’s called being in rent arrears.
You should always inform your landlord as soon as you think you may not be able to pay your rent on time.
Contact your landlord by email, messages or a letter so you have a record of:
- when you contacted the landlord or agent
- what you said to them
Keep emails, messages and letters together in a file or in a folder on your computer or phone.
Shelter have letter letter templates that can be used to email or message to your landlord.
- Word template: Contact your landlord about late rent (docx 14kb)
- OpenDocument template: Contact your landlord about late rent (odt 6kb)
You cannot be forced to leave your home straight away if you are behind with the rent. Your landlord must follow the legal eviction process if they want you to leave. Your rights will be strengthened by the Renters Rights Bill when it becomes legislation, but your landlord can still apply to the courts to evict you for serious rent arrears.
It could be harassment if your landlord says you have to leave because of rent arrears without a court order.
Discretionary Housing Payments
Discretionary housing payments (DHPs) are extra money to help with rent. A DHP can make up any shortfall between your eligible rent that is not covered by housing benefit/housing element of UC
You can apply for a DHP from Ashford Borough Council if you get:
- universal credit (UC)
- housing benefit (HB)
You have to give information about your income and spending when you apply.
Help with debt
Ashford Advice employ specialist debt advisers, if you need an appointment to discuss your debts please read the advice on our website first, we need you to bring certain paperwork to the meeting
If you receive an eviction notice
A notice from your landlord is the first legal step towards eviction. There is further advice and information here
Your landlord still has to apply to court. They might not do this if you can sort out your money or benefit problems.
Ashford Advice may be able to help with free legal advice
Rent Arrears in Social Housing
Your council or housing association must give you a legal notice if they want you to leave.
It’s called a ‘notice seeking possession’. It says:
- why your landlord wants to evict you
- when they can apply to court
The notice is the start of a legal process. Your landlord should not start court action if you can agree a repayment plan for the arrears.
Keep talking to your landlord, let them know if you are getting advice or debt support.
Pay as much rent as you can even if you cannot pay the full amount.
If your social landlord starts court proceedings
Ashford Advice may be able to help with free legal advice
The court will send you these forms, usually in the same envelope:
- landlord’s claim form (N5)
- ‘particulars of claim’ form (N119)
- notes for the defendant (N7A)
- defence form (N11R)
Read them all carefully.
The N5 and the N119 are filled in by your landlord. The N119 has important information about why your landlord wants to evict you.
Check it for mistakes or anything you do not agree with. For example, if you think the amount it says you owe is wrong.
The N7A is a court leaflet for tenants.
If you receive these forms please contact Ashford Advice immediately for advice on how to deal with the court.