Checking the amount of rent arrears

This content applies to England only.

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

It's important that you and your landlord agree on how much rent arrears you owe. Make sure you check the amount of the outstanding rent arrears and that the arrears have been properly calculated.

What counts as rent arrears?

Rent usually only covers the amount your landlord charges for living in the property, but sometimes you can also pay your landlord for 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. It's important that you pay all the charges.

Your tenancy agreement may also outline what 'rent' includes and what it does not include.

Finding out how much rent arrears you owe

If you have a rent book, you should find details of your rent payments and outstanding balance there. Similarly, any regular rent statements from your landlord should set out your position. It is important that you keep recordsof these statements and of any payments you make to your landlord in case there is a dispute.

If you need more up-to-date information, ask your landlord for a statement of your rent account from the date when the rent arrears are supposed to have started.

Check that the amount your landlord says you owe is correct.

Have all the payments you have made been recorded?
Have any payments of housing benefit paid direct to your landlord been recorded?
Has any rent you had to pay in advance been taken into account?
Has everything been added up correctly?

Consider also if you should be held responsible for paying the full amount that is owed, or if someone else should be paying part of it. Joint tenants are normally jointly and severally’ liable’ for rent payments, so if one joint tenant moves out, any others may become liable for their share.

Rent arrears if you claim housing benefit

If you claim housing benefit, you are still personally responsible for making sure all your rent is paid and for any arrears you have. This is the case even if:

there are delays
your payments are going directly to your landlord
your housing benefit entitlement covers only part of your rent.

Be aware that housing benefit will not cover some charges that may be made in with your rent, for example, water rates.

Find out what you can do if you have rent arrears due to a housing benefit problem or if you have a housing benefit shortfall.

Rent arrears if you live in shared accommodation

If yours 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 that tenant's share as well as their own.

Getting advice on rent arrears

Many of Shelter’s local services provide specialist help with rent arrears, debt, and welfare benefits as well as housing. They 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.

National Debtline, Citizens Advice and other agencies also provide free, specialist advice. Use our directory to find an adviser in your area. Use the Community Legal Service Legal Adviser Finder to find solicitors and other advisers who may be able to help.