Negotiating over arrears
This content applies to England only.
Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland
This section explains why it's worth talking to your landlord if you have rent arrears and what to do if you try to pay off the arrears, but your landlord refuses to take the money.
If your landlord contacts you about your arrears, it is essential that you read their letters and/or respond to their phone calls. Attempting to ignore the situation will only make matters worse. 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 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.
Should I tell my landlord?
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. It is important to be aware that rent arrears are grounds to start legal proceedings for eviction.
Keeping your landlord informed and offering a practical solution may prevent her/him from trying to evict you, as it shows that you are making an effort to deal with the situation.
Can I make an agreement to pay it off 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.
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. It is better to make small regular payments than to miss payments because you can't afford it that week/month.
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, or get information from National Debtline.
What if my 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. 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.
