Negotiating over rent arrears
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
It's worth talking to your landlord if you have rent arrears, you may be able to come to an arrangement to pay and avoid court action for rent arrears. Find out what to do if you try to pay off the arrears, but your landlord refuses to take the money.
Telling your landlord about your rent arrears
It is always a good idea to tell your landlord if you are having trouble paying the rent. Your landlord will notice that you haven't paid and is more likely to take action if you ignore the problem.
Rent arrears are grounds to start legal proceedings for eviction, so your landlord could take you to court to try to evict you and recover any money you owe.
Keeping your landlord informed and offering a practical solution may delay or prevent your landlord from trying to evict you - it shows you are making an effort to deal with the situation.
Responding to rent arrears letters
If your landlord contacts you about your arrears, it is essential that you read their letters and/or respond to their phone calls.
In many cases your landlord may prefer to keep you on as a tenant if the payment problems can be sorted out, as finding a new tenant can be costly and time consuming for them.
If you don’t contact your landlord and try to come to an agreement, your landlord may have no option but to start eviction proceedings against you.
If you are able to come to an agreement with your landlord, get it confirmed in writing to avoid having any future disagreement about what has been decided.
Making an agreement to pay rent arrears over time
It may be possible to come to an agreement with your landlord to pay a certain amount each week or month off the arrears you have built up. If you decide to do this, then make sure you agree on an amount you can realistically afford.
It is better to make small regular payments than to miss payments because you can't afford it that week or month. If you claim benefits such as Income Support, Jobseeker's allowance, ESA or Pension Credit, you may be able to arrange for a small amount to be deducted from your benefit and paid directly to your landlord.
Whatever you agree with your landlord, get it confirmed in writing or make a note of the date and time of the conversation for your records.
An advice centre may be able to help you work out what you can afford to pay and negotiate with your landlord. Use our directory to find one in your area.
If your landlord won't take the money
If your landlord doesn't want to allow you to repay the arrears, but insists you have to leave, get advice. You may still be able to stay. The rights you have will depend on the type of tenancy you have.
If your landlord refuses to accept your rent, you should put all the money aside (in a separate bank account if possible) and don't use it for anything else. Write to your landlord confirming that you are willing to pay off the arrears and keep a copy of your letter. Ideally, send this letter by recorded delivery and keep a receipt.
If your landlord takes you to court, you can then prove that you were willing to pay them back and that you have the money available. The court may decide that it is not reasonable to evict you.
