How to Deal with Rent Arrears Safely

Your rent is a **priority debt**. This means the consequences of not paying it are much more severe than for non-priority debts like credit cards or personal loans. If you fall into rent arrears, your landlord can take legal action to evict you from your home under a Section 8 notice.

Because of this, you should always pay your rent before addressing credit cards, store cards, or unsecured personal loans.

If you owe rent, a landlord can issue a **Section 8 notice**. Unlike a Section 21 notice, they must state a specific 'ground' (reason) for the eviction.

The most common grounds for rent arrears are:

• **Ground 8 (Mandatory):** You owe at least 2 months of rent both when the landlord serves the notice *and* at the time of the court hearing. If this is proven, the judge **must** order you to leave.
• **Grounds 10 & 11 (Discretionary):** You have persistently paid your rent late, or owe some rent. Under these grounds, the judge can decide whether it is reasonable to evict you or if you should be allowed to stay on a repayment plan.

Most landlords would prefer to get paid rather than go through the expensive, slow process of a court eviction. If you cannot pay your rent, contact your landlord or letting agent immediately.

When negotiating a repayment plan:

• **Be honest:** Work out a strict budget first to see exactly how much you can afford to pay toward the arrears each month.
• **Put it in writing:** Never rely on a verbal agreement. Write down the agreed amount, when the payments will be made, and ask your landlord to sign or reply to confirm they agree.
• **Stick to the plan:** Only offer an amount you know you can reliably afford. Missing a payment on an agreed plan will damage trust and make court action much more likely.

If you are struggling to cover your rent, check if you qualify for extra financial support:

• **Discretionary Housing Payments (DHP):** If you receive Universal Credit or Housing Benefit but it doesn't cover your full rent, you can apply to your local council for a DHP. This is a temporary top-up payment designed to help people clear arrears or cover rent shortfalls.
• **Breathing Space Scheme:** If you are dealing with multiple debts alongside rent arrears, you may be able to enter the 60-day Debt Respite Scheme (Breathing Space) to temporarily freeze eviction proceedings while you get debt advice.