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Rent Arrears — Your Rights, Options, and How to Get Help

What happens if you fall behind on rent in the UK, your rights as a tenant, how to deal with rent arrears, and where to get free advice.

· · 4 min read

If you're struggling with debt, free confidential help is available from StepChange (0800 138 1111), National Debtline (0808 808 4000), and Citizens Advice.

Falling behind on rent is stressful, but you have legal rights and there are practical steps to get back on track. Landlords can’t simply evict you — there’s a legal process that takes months, giving you time to find solutions.

Your Rights if You’re in Rent Arrears

RightDetail
Your landlord cannot change the locksIllegal eviction is a criminal offence
Your landlord cannot harass you to leaveHarassment is a criminal offence
Your landlord must follow the legal eviction processSection 8 notice → court order → bailiff warrant
You have time to sort things outThe legal process takes 3–6 months minimum
You can negotiate an arrangementMost landlords prefer an arrangement over court
You have access to free adviceCitizens Advice, Shelter, council housing team

The Eviction Process for Rent Arrears

StepDetailTimeline
1Landlord serves Section 8 notice2 weeks minimum notice (Ground 8)
2Landlord applies to courtAfter notice period expires
3Court hearing4–8 weeks after application
4Court decides whether to grant possessionAt hearing
5If possession granted, court issues order14–42 days to leave
6If you don’t leave, landlord applies for bailiff warrant2–4 more weeks
7Bailiffs carry out eviction—
Total—3–6 months minimum

Grounds for Possession (Rent Arrears)

GroundTypeThresholdCourt’s discretion
Ground 8Mandatory2+ months arrears at notice AND hearingNone — must grant possession
Ground 10DiscretionaryAny rent arrearsJudge considers all circumstances
Ground 11DiscretionaryPersistently late paymentsJudge considers all circumstances

Critical: If you can reduce arrears below 2 months before the court hearing, Ground 8 (mandatory) no longer applies and the judge has discretion to let you stay.

What to Do if You’re Behind on Rent

Immediate Steps

StepWhat to do
1. Contact your landlordExplain the situation — most prefer to negotiate
2. Get free adviceCitizens Advice, Shelter helpline, local council
3. Check benefit entitlementsYou may qualify for Universal Credit housing element, Housing Benefit, or Discretionary Housing Payments
4. Propose a repayment planOffer to pay current rent + a regular amount towards arrears
5. Apply for financial helpCouncil hardship funds, charitable grants, DHP
6. Get everything in writingKeep records of all communications and agreements

Financial Help Available

SourceWhat it provides
Universal Credit housing elementMonthly help towards rent
Housing Benefit (if still receiving)Help towards rent
Discretionary Housing Payment (DHP)Extra help from council for shortfalls
Council welfare/hardship fundOne-off payments for emergencies
Charitable grantsTurn2us, local charities, faith organisations
Budgeting advance (UC)Interest-free loan repaid from UC
UC direct payment to landlordHousing element paid straight to landlord

Negotiating a Repayment Plan

ApproachDetail
Be honest about what you can affordDon’t agree to amounts you can’t maintain
Offer to pay current rent + arrears amountEven £10–£20/week towards arrears shows good faith
Get agreement in writingBoth parties sign
Keep payingMissing agreed payments weakens your position
Review regularlyIf circumstances change, renegotiate

Priority Debt

Rent arrears is a priority debt — the consequences of not paying are more severe than non-priority debts (credit cards, personal loans).

Debt typePriorityConsequence of non-payment
RentPriorityEviction and homelessness
Council taxPriorityBailiffs, imprisonment (rare)
Energy billsPriorityDisconnection (gas), prepayment meter installation
Credit cardsNon-priorityDefault, CCJ, but not eviction
Personal loansNon-priorityDefault, CCJ

Always pay rent before credit cards and loans.

Council and Housing Association Tenants

FeatureCouncil/HA tenant
Eviction processSimilar, but often more support available
Pre-action protocolMust follow a strict protocol before seeking possession
Support servicesUsually offer financial/welfare advice
DiscretionCourts consider all circumstances
Right to Buy arrearsArrears may affect Right to Buy eligibility
Introductory tenanciesLess security — check your tenancy type

How Rent Arrears Affect Your Future

ImpactDetail
ReferencesFuture landlords may check with current landlord
Credit scoreRent arrears can be reported to credit agencies (especially via rent reporting services)
CCJIf landlord gets a County Court Judgment for debt — stays on your record 6 years
Housing applicationsCouncil and HA applications may be affected by previous arrears
Deposit deductionsLandlord may claim rent arrears from your deposit

Free Advice and Support

OrganisationContactSpecialist area
Shelter0808 800 4444 / shelter.org.ukHousing advice and eviction help
Citizens Advice0800 144 8848 / citizensadvice.org.ukGeneral advice, benefits, debt
StepChange0800 138 1111Debt advice and plans
Local council housing teamVia council websiteHomelessness prevention, DHP
Law centreslawcentres.org.ukFree legal advice

Summary

Key pointDetail
Landlord can’t just evict youMust follow legal process (3–6 months)
Contact landlord immediatelyMost prefer a plan over court
Ground 8 threshold2+ months arrears = mandatory possession
Get below 2 months before hearingCourt then has discretion to let you stay
Rent is a priority debtPay before credit cards and loans
UC direct paymentAsk for housing element to go to landlord
Get free adviceShelter, Citizens Advice, council

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Sources

  1. MoneyHelper — Dealing with debt
  2. Citizens Advice — Debt and money