This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

If you have rent arrears because of problems with your housing benefit claim, there are a number of things you may be able to do to stop the situation getting worse.

Information needed for a housing benefit claim

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.

Lost housing benefit claim forms

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.

Payment on account after 14 days

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 housing benefit doesn't cover all the rent

You may be able to appeal if your housing benefit doesn't cover all your rent because

• the council thinks your rent is unreasonably high
• the property is too large for your household

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.

Many people renting in the private rented sector will be affected by changes to housing benefit and local housing allowance and will not be able to afford the rent as a result. It's important to check any new calculation of benefit is correct, but reduced benefit in these circumstances will often not be resolved by 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 Shelter advice centre or Citizens Advice can help you apply and may be able to help you convince the council that you should get a payment.

Check your housing benefit claim is up to date

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.

Report changes in circumstances

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 you are facing eviction

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. Use our directory to find one in your area. 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 housing benefit, 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 or because your tenancy has come to an end. The rules are different depending on what grounds are being used so it's very important to get advice.

Whatever type of tenancy you have, contact your nearest Shelter advice centre or Citizens Advice. 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.

Send us feedback

Get advice by email