Eviction for rent arrears

If you are getting behind with your rent or think that you might not be able to pay it in the future, it's important to act quickly to avoid the risk of losing your home.

What can I do to protect my home?

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. Use our directory to find a local advice centre. They can explain your options and help you decide what to do. Don't wait until the last minute, act as quickly as possible or your options may be very limited.

Which tenants are most at risk of eviction?

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 (this includes most lodgers) or an occupier with basic protection (for example if you are a student in halls of residence).

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.

What's the worst that could happen?

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, it may be difficult for you to find a new place to live. Your local council may not have a duty to 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 might not accept you as a tenant if you've been evicted for rent arrears.

What if I just leave?

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. Your landlord can usually take you to court for any money that you owe. S/he can do this even after you have left the property.

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