Eviction for rent arrears
Rent is one of your most important monthly payments.
If you pay late or miss payments, it's called being in rent arrears.
Rent arrears can put you at risk of eviction from your home.
Talk to your landlord about rent arrears
Do not move out straight away just because you owe rent.
A housing association or council should let you stay if you can agree a repayment plan for the rent you owe.
Even a private landlord might let you stay if you can sort out problems and repay arrears.
Rent arrears letter templates
Our advice guides have templates to help you write to your landlord:
The eviction process
Eviction is a legal process that takes time.
Your landlord must:
give you a legal notice to leave
apply to court for an eviction order
asks bailiffs to evict you if you do not leave
Breathing space can help people with rent arrears.
This scheme could pause debt recovery and eviction for rent arrears for up to 60 days while you get debt advice.
1. Notice from your landlord
Check the notice carefully. Your next steps depend on:
your tenancy type
the notice your landlord gives you
Find out about:
With a section 21 notice your landlord does not have to prove that you owe rent. It's sometimes called a 'no fault' notice.
The court cannot stop an eviction if the notice is valid - even if you pay off the arrears. But your landlord must follow the right legal steps. This takes a few months.
It is an illegal eviction if your landlord or agent evicts you without the right notice and a court order. Only court bailiffs can carry out an eviction.
Where to get help with a notice
Check the notice your landlord has given you is the right legal notice.
You could get:
help from the council if you might become homeless
Moving out because of rent arrears
Even if the notice is legal, you do not have to move out when it ends.
You have a good chance of keeping a council or housing association home if you can agree a repayment plan with your landlord.
You might decide to leave a private tenancy if you cannot afford the rent.
Things to think about before leaving are:
Can you find a cheaper private tenancy?
How long can you stay if a family member or friend gives you a short term place to stay?
Could the council say you're intentionally homeless if you need help to find somewhere?
Do not let a landlord or agent pressure you to leave a private tenancy early, especially if you have nowhere to go.
It takes a few months to be evicted through court.
You still have time to find somewhere and if you do, your landlord can stop the process.
The council can help if your landlord harasses you because you owe rent.
2. Court action by your landlord
Your landlord could start court action to evict you if you do not leave after a legal notice.
You will get a letter and forms from the court.
There will always be a court hearing if you're a:
council or housing association tenant
private tenant with a section 8 notice
There might not be a hearing if your private landlord uses the section 21 accelerated possession procedure. But you can ask for a hearing on the defence form if you think there should be one. For example, if the section 21 notice is not valid.
Go to the court hearing
You should always go to the court hearing if you can.
The judge might:
stop the eviction
make a possession order
You can get free legal help at court.
Find out more about going to a court hearing if you're a:
3. Eviction by bailiffs
Your landlord could ask bailiffs to evict you if the court makes:
an outright possession order
a suspended possession order - and you do not keep to the terms of the order
For example, if you pay late or pay less than you are told to.
You must act quickly if you get a notice from the bailiffs.
Last updated: 27 August 2024
