Negotiating over arrears

It is always a good idea to tell your landlord if you are having trouble paying the rent. Your landlord will notice that you haven't paid and is more likely to take action if you ignore the problem. Telling your landlord and offering a practical solution may prevent her/him from trying to evict you, as it shows that you are making an effort to deal with the situation.

It may be possible to come to an agreement with your landlord to pay a certain amount each week or month off the arrears you have built up. If you decide to do this, then make sure you agree on an amount you can realistically afford. It is better to make small regular payments than to miss payments because you can't afford it that week/month.

An advice centre may be able to help you work out what you can afford to pay and negotiate with your landlord.

Whatever you agree with your landlord, get it confirmed in writing or make a note of the date and time of the conversation for your records.

If your landlord doesn't want you to pay back the arrears, but insists you have to leave, get advice. You may still be able to stay. The rights you have will depend on the type of tenancy you have.

If your landlord refuses to take your rent, you should put all the money aside (in a separate bank account if possible) and don't use it for anything else. Write to your landlord confirming that you are willing to pay off the arrears. Keep a copy of your letter. Ideally, send this letter by recorded delivery or by fax, and keep a receipt. If your landlord takes you to court, you can then prove that you were willing to pay them back and that you have the money available. The court may decide that it is not reasonable to evict you.

Checking the amount

Ask your landlord for a statement of your rent account from the date when the rent arrears are supposed to have begun.

Rent usually only covers the amount your landlord charges for living in the property, but sometimes it includes other things such as bills and service charges. Ask your landlord how much of what you owe is rent, and how much is for other services. Your tenancy agreement may also outline what 'rent' includes and what it does not include.

If you claim housing benefit then you are still personally responsible for making sure your rent is paid, and for any arrears you have. This is the case even if there are delays, or if your payments are going directly to your landlord.

Shared Accommodation. If your name is the only name on the tenancy agreement, then you are responsible for paying the whole of the rent. If you have a joint tenancy agreement, then each tenant is equally liable for paying the rent. If one joint tenant does not pay, then the other tenants are responsible for paying her/his share as well as their own.

An adviser at a housing aid centre or citizens advice bureau can check:

* whether the money you owe is rent arrears

* if the amount is correct

* whether you are entitled to any benefits and, if so, how much.

Reducing rent arrears

Try to pay as much as possible towards your arrears on a regular basis. This will prevent your arrears from rising too sharply and will show your landlord that you are making an effort to deal with the problem. It's worth doing this even if you can only afford to pay a small amount off each week.

If you are a council or housing association tenant, and are on income support or jobseekers allowance, your landlord can ask for an amount to be taken out of those benefits each week towards paying back the arrears. This can be done whether or not you agree to it. An amount will usually be taken out directly, before you get your benefits, if your rent arrears are sufficiently high. It will mean you have less money to spend, but will help to ensure you don't lose your home.

If you are on a low income, there may be benefits you can claim, such as housing benefit, which could help you pay your rent. If you are working, you may be able to get a tax credit. If you are not sure what benefits you may be able to get, your local citizens advice bureau can help you find out. Use our directory to find their details.

If you are already claiming housing benefit but your payments are delayed, you may be able to take action to speed up your payments and stop the situation getting worse. If your housing benefit is not covering the whole of your rent and you can't afford the difference, it may be possible for you to apply for extra payments from the council.

If you are thinking of withholding rent because of repair problems, talk to an adviser about it before you stop paying. You need to follow a special legal procedure. If you simply stop paying without following the correct procedure, you could be evicted for arrears.

If you decide to pay other bills or debts instead of your rent, it could make things worse. Rent should always be your number one priority because if you don't pay it, you could be evicted or taken to court. Although catalogue and credit card payments are important, they shouldn't come first. You won't lose your home if you delay payment.

It's also important to pay your utility bills (such as your gas and electricity bills - Check online comparison service to reduce your utility bills ) and council tax before you pay credit card or other bills. If your gas or electricity gets cut off, you will have to pay to have them reconnected. If you don't pay your council tax, you could end up in court, and may have to pay court fees on top of the debt.

It's sometimes possible to negotiate to reduce the payments you are making towards bills, credit cards, or loans. You should ask your utility company, credit card company or lender whether it is possible to pay a smaller amount each month, at least until you have paid off your arrears. An advice centre may be able to help you negotiate with them if they won't agree to do this.

If you're thinking of borrowing a lump sum to pay off your arrears and other debts, talk to an independent adviser first. Even if a company says they'll save you money, get a second opinion - don't take their word for it.

It's usually best to avoid companies who advertise that they can reduce your debts down to one monthly payment. They usually charge high interest rates for their services, and you may end up paying much more in the long run. A citizens advice bureau can help you for free. They can usually help you to negotiate with those you owe money to, and can often help you to reduce your payments and reorganise your spending.

A debt adviser can go through your finances with you to see if you can reorganise your money to enable you to repay the rent arrears. It may be possible for you to stop the arrears building up any further by reducing your spending or increase your income so that you can afford to pay your rent.

It may be possible to reduce payments on other debts, or if you have a job, it may be possible to work more hours or ask your employer or trade union for a loan. You might also be entitled to claim benefits.

Your local citizens advice bureau may have a specialist debt adviser you can talk to.

Arrears due to housing benefit

Your housing benefit claim might be delayed if you don't provide all the information the council asks for. You should sign and date all your forms and provide all the information the council asks for as soon as possible, and no later than four weeks after they ask. If you are having problems completing the form, an adviser in your area can help you.

You may also have problems with housing benefit payments if the council loses your application form. If possible, it's always best to keep a photocopy of your forms, and take them to the housing benefit office in person. Always ask for a receipt, so you can prove that you handed the form in on a particular day if your form gets lost. If you send the form by post, ask for written confirmation that it has been received. Ideally, send the form by recorded delivery.

If you rent from a private landlord or a housing association, once you have made a claim, the council normally has to make an interim payment of housing benefit within 14 days. This is sometimes called a payment on account.

The only reason that payment can be delayed beyond 14 days is if the delay is caused because you did not provide the council with the information it asked for. An interim payment will allow you to pay off some of the arrears and may stop your landlord from trying to evict you. Contact your council if you don't get this payment after 14 days, and get advice if necessary.

If your housing benefit doesn't cover all your rent because the council thinks your rent is unreasonably high, or the property is too large for your household, you may be able to appeal. If you do this, your claim will be reassessed and the amount you get may change. It is worth checking with an advice centre to make sure the council has calculated your claim correctly and whether you can appeal. You should act quickly as there are time limits for asking for an appeal.

If you can't afford to pay the difference between your rent and your Housing Benefit, it may be possible for you to apply for an extra payment from the council. This is called a discretionary housing payment (or DHP). The council will decide whether you should get one based on your particular circumstances. Your local housing advice centre or citizens advice bureau can help you apply and may be able to help you convince the council that you should get a payment.

If you already get housing benefit, then the council will usually send you a renewal form at regular intervals. It is very important that you complete the renewal form and send it back in time, with all the information the council is asking for. If you don't do this, then your housing benefit could stop and you could be at risk of eviction due to rent arrears.

It is also important that you tell the council about any change of circumstances in your situation, such as a change in your income, or someone moving in with you. If you don't update your claim, you could miss out on the extra housing benefit you might be entitled to, or could get paid too much, which you would then have to pay back.

If your landlord is taking you to court because of arrears caused by housing benefit problems, contact an advice centre as soon as you can. It may be possible to persuade the council to sort out your claim so you can pay off some or all of your arrears before the hearing but you will probably need help.

If you have arrears caused by HB, whether the judge decides to evict you may depend on the type of tenancy you have and whether your landlord is using any other legal reasons (or grounds) to evict you. For example:

* if you are an introductory tenant, the judge has no choice but to evict you if the case goes to court. You must sort out any problems with your housing benefit claim before the hearing or you will lose your home

* if you're a secure tenant, the judge may decide that it is not reasonable to evict you if housing benefit delays caused your arrears. But it's still important to get advice, especially if the council is also using any other grounds

* if you are an assured tenant(which includes most housing association tenants), the judge usually has to evict you if you owe eight weeks' rent or more. If you can get an housing benefit payment to reduce your arrears to less than eight weeks' rent, you can probably keep your home

* if you have an assured shorthold tenancy(which includes most private tenants), your landlord can try to evict you because of the arrears orbecause your tenancy has come to an end. The rules are different depending on what grounds s/he is using, so it's very important to get advice.

Whatever type of tenancy you have, contact your nearest housing aid centre or citizens advice bureau. They can help you negotiate with your landlord and the housing benefit department at the council. They may also be able to represent you if your case goes to court.

Eviction for rent arrears

It is often possible to sort things out. But if you don't take action, the situation is likely to get worse. Your landlord could take you to court to get the money you owe, and/or evict you from your home. You might have to pay court costs as well as the money you owe if this happens.

Even if you end up in court, there is often a solution but the sooner you get advice the better. Don't wait until the last minute. Act as quickly as possible or your options may be very limited.

Most private tenants have assured shorthold tenancies. It is usually easy for a landlord to evict an assured shorthold tenant, and the landlord doesn't usually need to prove a legal reason for doing so. It is even easier for private landlords to evict you if you are an excluded occupier or an occupier with basic protection.

Some council tenants have introductory tenancies or demoted tenancies, which means that they are living in the property on a trial or probationary basis. If you miss rent payments while you have one of these tenancies, the council will be able to evict you very easily. If the council haven't started the eviction process before the end of the trial period, then your tenancy will become a secure tenancy and it will be harder for the council to evict you.

There are similar rules for housing association tenants who have a starter tenancy (normally an assured shorthold) or a demoted tenancy. Contact an adviser as soon as you think you may have problems paying the rent.

If you have rent arrears, then there are several things your landlord can do. S/he may decide to do one or more of the following:

* negotiate with you to pay back the money you owe

* apply to the court for a money judgment to force you to pay back the arrears

* apply to the court to have you evicted, or, if you live with your landlord, s/he could just ask you to leave.

If you don't pay off your rent arrears and end up being evicted, you may find it difficult to find a new place to live. Your local council may not help you if you have been evicted because of rent arrears, even if you are homeless. Some councils may say you can't go on the waiting list for a permanent home. Many private landlords ask for a reference from your last landlord, and may not rent to you if you've been evicted for rent arrears.

If you decide to leave your home, then it's important to tell your landlord that you are leaving, and give her/him the correct written notice, to avoid increasing any arrears that you currently have.

If you simply move out, you will still need to end the tenancy by giving the correct notice, and may still be responsible for paying the rent until the end of the notice period. For most tenancies, you will have to give at least four weeks' notice. If you have a fixed term tenancy, you may need to give more notice, and will often be responsible for paying the rent until the end of the fixed term.

Check your tenancy agreement, or contact an adviser if you are not sure how much notice you need to give. If you don't pay this rent, then your landlord can usually take you to court for the amount that you owe. S/he can do this even after you have left the property.