Rent arrears in social housing
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you fall behind with your rent payments you can be evicted from your home. However, council and housing association landlords have to follow the steps outlined in a special 'pre-action protocol' before they can start court action to evict you for rent arrears.
What is the purpose of the pre-action protocol?
The pre-action protocol aims to ensure that council and housing association landlords give their tenants the chance to sort out any arrears before court action starts.
Is my landlord required to follow the pre-action protocol?
All council and housing association landlords must follow the pre-action protocol if they want to evict a secure council tenant, or an assured, assured shorthold or secure housing association tenant solely on the basis of rent arrears.
Your landlord is not required to follow the pre-action protocol if:
- you are a private tenant
- you are an occupier with basic protection or an excluded occupier (this includes many people living in hostels and bed and breakfast hotels)
- you are a leaseholder (eg you bought your home through HomeBuy, a shared ownership scheme or the Right to Buy)
- you are a council tenant but you are living in temporary accommodation.
What should happen if I get into arrears?
If you are a tenant of a social landlord, when you first fall behind with your rent your landlord should contact you as soon as possible to discuss the following with you:
- the cause of your arrears
- your financial circumstances
- your entitlement to benefits, and
- how you plan to repay the arrears.
From then on, your landlord should send you a quarterly rent statement to let you know how much rent is due, and how much they have received. If you find this difficult to understand, they should explain it to you if you request it.
If you have a joint tenancy, each of the tenants should be contacted separately to ensure that everyone is aware of the problem.
If you have difficulty reading or understanding the information you are given, then your landlord should do what they can to ensure that you understand it – ie by explaining it to you in more detail, or providing an interpreter.
You will need to come to an agreement with your landlord on a timeframe for repaying your arrears.
What if I am vulnerable?
A vulnerable person includes someone who is: elderly, disabled, suffering from mental illness, or homeless.
If you are particularly vulnerable or are under 18 years old, your landlord may need to:
- apply to the court for someone to be appointed to represent you in court if you are not able to defend yourself. This representative is called a ‘litigation friend’
- consider whether you have been discriminated against because of your age or vulnerability
- consider whether you should have a community care assessment.
What about my benefits?
If you are entitled to benefits, your landlord should arrange for your arrears to be deducted from your benefits and to assist you with an application for housing benefit if required.
Your landlord should not start eviction proceedings if:
- you have applied for housing benefit, and
- it is likely that you will be eligible for housing benefit and
- you can make up any arrears not covered by housing benefit.
Steps your landlord must take before starting court action
If you are in arrears with your rent, your landlord must first send you a notice setting out:
- the date that your landlord wants you to leave
- reasons why you are being asked to leave, and
- information on where you can get advice.
After giving you this notice, and before beginning court proceedings, your landlord should make reasonable attempts to contact you to discuss your arrears. Your landlord should agree to postpone court action if you can pay your rent and a reasonable amount towards your arrears.
If you do not repay your arrears, or to come to an agreement with your landlord, it is likely they will continue with their possession proceedings against you.
What happens if my landlord takes me to court?
If your landlord has a court date, then at least ten days before the hearing, they must:
- give you up-to-date rent statements
- give you notice of the court date, and advise you that your home is at risk if you do not attend
- tell the court what they know about your housing benefit position.
What happens if my landlord doesn’t follow the pre-action protocol?
Your landlord may be required to explain to the court how they have complied with the protocol. If they have not taken the required steps, the court may:
- adjourn, strike out or dismiss your landlord’s claim – this can only happen if your landlord is trying to evict you on ‘discretionary’ grounds
- decide that your landlord must pay court costs – this can happen even if your landlord is given a court order to evict you.
Get advice if you think your landlord has not followed the pre-action protocol. Use our directory to find free face-to-face advice services in your area.
