Act early to prevent eviction when a tenant is in rent arrears. Support the tenant to talk to the landlord and agree a realistic payment plan based on affordability.

Use the pre-action protocol

Social landlords are governed by 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.

Use the pre-action protocol to strengthen the tenant's case for the social landlord to agree to a payment plan instead of issuing a notice seeking possession. A court could dismiss a claim for possession if a social landlord has not followed the pre-action protocol.

Check the landlord has complied with the protocol. Has the landlord:

• sent a rent statement

• attempted to contact the client

• offered support and advice

• considered a reasonable payment plan

Gather any correspondence including letters, emails and records of phone calls or in person visits. This can be used as evidence if the landlord has not followed the correct procedures.

Raise any failures to follow the pre-action protocol with the landlord and request a hold on any further action. The tenant can use this time to try and get the arrears under control.

Read more about pre-action protocol for possession claims by social landlords at Shelter Legal.

Make a repayment offer

Start by making sure the arrears figure is correct and work with the tenant to create a plan that is affordable and realistic.

Send a payment proposal to the landlord in writing with the agreed budget. Provide any evidence that shows the payment will be affordable. For example, an entitlement letter for benefits.

Repayment plans offering small but regular repayments towards arrears tend to be favoured over inconsistent one-off payments. It is important to show the landlord that the weekly or monthly payment is affordable and the tenant's finances are stable.

Negotiate with the landlord

Contact the landlord as early as possible and present the tenant's payment plan and budget. Be clear, calm and use evidence where possible.

Explain the tenant's engagement and any extenuating circumstances. For example:

• changes in the household that have affected income

• health issues that have had an impact on the tenant's ability to engage

• language barriers that have meant correspondence has not been understood

Discuss how issues have been addressed and will be managed moving forwards.

Ask for further action to be paused, especially where a discretionary housing payment or benefit application is outstanding. Keep a record of who you spoke to, what was agreed and get confirmation in writing.

Read more about negotiating before court action at Shelter Legal.