Advising a social tenant with rent arrears
Guide for professionals
Gather the facts
Find out what the tenant and landlord have already done, and whether pre-action steps have been followed.
Talk to the tenant
Before you can advise the tenant it is important to understand their situation. Arrange to speak with the tenant to explore their situation. Your appointment with the tenant can help them understand their situation and what their options are
Reassure the tenant
Opening up about rent arrears and financial hardship can be difficult. Build rapport with the tenant by explaining that you are there to help them. Make sure that the tenant understands you are impartial and are there to support them.
Understand the household
Ask the tenant about their household. This could include:
who lives there
how many rooms are in the property
if there is any disrepair
Establish if any of the occupants have health conditions that mean they could be more vulnerable or find it difficult to deal with the landlord.
If there is disrepair this could be used to negotiate a reduction of the rent arrears or lead to a disrepair counterclaim if matters proceed to court.
Check the household income
Ask the tenant about their household income? Check if the tenant is:
working
in receipt of benefits
in receipt of child maintenance
receiving contributions from non-dependent occupants
Explore the reason for the arrears
Find out why the tenant has missed rent payments. Check if there has been:
a change in income
a change in the household size
an unexpected emergency cost
Check if the changes are permanent or temporary. For example reduced working hours due to sickness.
Ask the tenant about any contact with the landlord
Ask the tenant about any contact they have had from the landlord. This could include letters, email, telephone calls or home visits. Write down dates of contact and what the landlord or their representative said or did. For example, visits from a housing officer.
Check details of payment arrangements
Get full details on what has been agreed and whether the tenant has missed payments or paid late.
Check if the landlord has followed pre-action protocol
Social landlords must follow the pre-action protocol if they wish to bring a claim for possession against a tenant. The protocol applies to all residential possession claims by social landlords, including local authorities and housing associations.
The protocol lays out steps that social landlords must take to help their tenants resolve rent arrears. Check that the landlord has followed the guidance by exploring their contact and actions.
Raise failures to follow the pre-action protocol with the landlord and request a hold on any further action.
Read more about the pre-action protocol for possession claims by social landlords at Shelter Legal.
What a social landlord must do
Social landlords must provide support for tenants to help them deal with rent arrears and avoid action. This could include:
making a payment arrangement with the tenant
supporting the tenant to make a benefit claim
referring the tenant for specialist debt advice
Establish the amount of arrears
Often the tenant might not know the amount of arrears or dispute the amount. Establish the arrears to help advise the tenant on their options.
Request a rent statement from the landlord
Check the rent statement for the current arrears balance and any payments made over the last 13 weeks. Providing statements for 13 weeks is a requirement of the pre-action protocol for social landlords.
Check the tenant's payments
Review any payments the tenant has made. If the tenant is happy to share their bank statements, check the statements for the relevant period and look for any payments made to the landlord. Highlight any payments relating to rent and create a running total of the rent paid.
Ask the tenant to send you screenshots of their universal credit statements and identify any direct deductions for rent.
Explore any other payments the tenant might have made, including cash or payments made by another person on their behalf.
Resolve any discrepancies
Compare your calculated total with the landlord’s rent statement. If there are any discrepancies contact the landlord to discuss the differences. Provide clear evidence of how you have reached the final amount, for example, bank statements, universal credit records and receipts.
If the landlord disputes how much rent is owed
The tenant and the landlord might not agree on the amount of arrears proposed by the tenant. Provide clear evidence of how the arrears figure was calculated to strengthen the tenant's position in negotiations.
Last updated: 9 November 2025