Rent arrears in a housing association or council home
Going to a rent possession hearing
Check the claim form from the court.
It tells you the date, time and place of the hearing.
Put the date on your calendar and do these things if you need to:
book time off work
sort out childcare
ask a friend or relative to pick up your children from school
Check the name, address and location of the court.
Plan your journey a few days before the hearing, so you know how long it will take.
The court hearing is usually 3 to 8 weeks after you get the court forms.
Taking someone with you
Only you or your legal adviser can speak for you at the court hearing.
You cannot ask a friend to speak for you but you can take someone with you for support.
If you need an interpreter
You can get a free interpreter during the hearing if either:
you do not understand English
you're deaf or have hearing difficulties
Contact the court before the hearing to tell them you need this service.
You can also ask the judge to let a friend or family member explain what the judge says in your own language.
See GOV.UK: free interpreters at court
If you cannot find legal help before the hearing
You should still go to the hearing.
You can get free legal help at court on the day.
All courts have a duty advice scheme. The service is provided by local solicitors, advice agencies or law centres. For example, Shelter or Citizens Advice.
Get there at least 30 minutes before your hearing. Ask to speak to a duty adviser.
You do not have long to explain your situation. Take all your letters and paperwork with you.
Use this checklist if you have rent arrears
What to take to a hearing
your tenancy agreement
the notice from your landlord
the letter and forms you got from the court
a recent household budget if you have one
a copy of your defence form if you sent it back
your bank statements and benefits letters
proof that you've claimed benefits and chased up delays
a repayment plan even if your landlord has not agreed to it
proof that you can pay your rent in full
proof that you're repaying what you owe or can start this very soon
What to tell the duty adviser or the judge
how much you think you owe in rent right now
why you missed payments or were late with rent
what you have done to pay back the missed payments
how much you can pay on top of your normal rent until the arrears are cleared
What happens at the hearing
The hearing only lasts about 10 minutes. Keep your phone on silent.
A judge looks at the evidence from you and your landlord. They listen to both sides before they decide what to do.
Your landlord's representative will speak first. Then you or your adviser can respond.
You should address the judge as 'judge'. Be polite and try not to interrupt.
Ask the judge if you need to show them information on your phone. For example, your universal credit account.
When the judge can stop or delay the eviction
The judge can look at if it's reasonable for you to stay in your home if:
you're a council tenant
your housing association only uses grounds 10 and 11
your housing association used ground 8 but you now owe less than 8 weeks' rent
Check and understand the rent arrears grounds on your notice.
Asking for a delay
The judge might reschedule the hearing if you need more time to do something.
For example, the duty adviser might think you have a counterclaim for repairs. This could reduce the amount of rent you owe. But you might need to get legal advice or show more evidence.
Tell the judge why you could not do this before the hearing, and what steps you did take.
A delay is called an 'adjournment'. You usually have to come back to court at a later date.
Ask for an adjournment right at the start of the hearing if your housing association uses ground 8. The judge cannot delay if they have already heard the evidence.
Making an offer to repay rent arrears
Tell the judge if:
you can make a repayment offer – this should be at least £4.53 a week
you’ve already made a repayment arrangement with your landlord
you're waiting for a lump sum payment of benefits or wages
Explain everything you've done to sort out the rent arrears.
The judge might make a suspended possession order. This means you can stay in your home as long as you stick to the terms of the order.
If your housing association uses ground 8
Bring proof to the hearing if you now owe less than 8 weeks' rent.
The judge must make an outright possession order if you still owe more than this.
Last updated: 26 August 2024
