Arrears due to housing benefit
This content applies to England only.
Housing laws vary between England and Scotland. This page applies to England only. 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.
Have you checked what has happened to your claim?
If there is a problem with your housing benefit claim, you should contact your local council to find out what's happening. Don’t just assume that the council is dealing with your claim and that your landlord will have to wait. The council may need more information from you or your landlord in order to deal with your claim, or they may say that they have not have received your claim at all (see below).
Has your claim been filled in properly?
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.
Use our directory to find an adviser in your area.
Has the council lost your form?
You may also have problems with housing benefit payments if the council loses your application form. It's always best to keep a copy of your forms and if possible 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.
No payment 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.
What if housing benefit doesn't cover all of the rent?
If your housing benefit doesn't cover all your rent because the council thinks your rent is unreasonably high or the property is too large for your household, you may be able to appeal. If you do this, your claim will be reassessed and the amount you get may change.
However, 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.
Can housing benefit be backdated?
Housing benefit can in certain situations be backdated for up to six months, although in most cases your claim can only be backdated for up to three months.
Can I get extra help with my rent payments?
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.
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.
Is your claim 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.
Have your circumstances changed?
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 you could get paid too much, which you would then have to pay back.
What can I do if I'm 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. An adviser may be able to 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.
If you have arrears caused by housing benefit problems, 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:
Introductory tenants
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.
Secure tenants
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. However, it is still important to get advice, especially if the council is also using any other grounds.
Assured tenants
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 will probably be able to keep your home.
Assured shorthold tenancy
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 s/he is using, so it's very important to get advice.
