Rent arrears

 

A guide for residents on how social landlords manage rent arrears

 

Social landlords — including councils and housing associations — follow clear processes when rent arrears build up. This guide explains those steps and where you can find support.

What are rent arrears?

Rent arrears are money you owe your landlord because your rent hasn’t been paid in full or on time. This can include:

  • Missed rent payments
  • Unpaid service charges
  • Debts carried over from a previous tenancy

Tip: If you think you may miss a payment, act early. The sooner you speak to your landlord, the more options you’ll have.

 

First steps – communication and support

Before taking any legal action, social landlords are expected to work with you to understand the issue and help you manage the arrears. This usually includes:

  • Contacting you early if a payment is missed
  • Checking whether you’re entitled to benefits (e.g., Universal Credit, Housing Benefit)
  • Offering affordable repayment plans
  • Referring you to money or debt-advice services if needed

Tip: Always respond to letters, calls or emails from your landlord. Ignoring them can make the situation worse.

 

Agreeing a repayment plan

If you can’t pay your full rent, your landlord may suggest a repayment plan.

Key points to remember:

  • Payments should be based on what you can realistically afford
  • You must continue paying your ongoing rent as normal
  • Ask for the agreement in writing so you know exactly what has been agreed

 

Notice of Seeking Possession (NOSP)

If arrears continue to grow and no agreement is reached, your landlord may issue a Notice of Seeking Possession (NOSP). This is not an eviction. It is the first formal step in the legal process.

A NOSP will:

  • Tell you how much you owe
  • Explain why action is being taken
  • Give you time (usually at least four weeks) to clear or reduce the arrears

If you make an agreement or reduce the debt during this period, legal action may be paused or stopped.

 

Going to court

If the arrears aren’t resolved, your landlord can apply to the county court. You will receive:

  • A claim form with details of what is owed
  • A date for the hearing, where you can explain your situation

The court may:

  • Dismiss the case if the arrears have been cleared
  • Set up a court-ordered repayment plan
  • Grant an outright possession order (meaning you must leave after a set date)

Tip: Try to attend the hearing. Courts often have a free duty adviser who can support you on the day, although this isn’t guaranteed.

 

Eviction is the last resort

Eviction only happens if:

  • Repayment agreements have not been kept
  • The court has granted possession
  • You have ignored further warnings

Bailiffs are used only when every other option has failed. Social landlords generally want to avoid eviction wherever possible.

 

Where to get help

If you’re worried about arrears or facing action, support is available:

  • Your landlord’s housing officer — first point of contact
  • Citizens Advice — free, confidential advice
  • Debt-advice charities such as StepChange or National Debtline
  • Your council’s housing team if you’re at risk of homelessness

 

Apply for the Breathing Space scheme

The government Debt Respite Scheme, also known as Breathing Space, gives someone in problem debt the right to legal protection for up to 60 days, including freezing most interest charges on debts.

You must apply for the scheme using a debt advisor.

There are two types of breathing space:

  • A standard breathing space
  • A mental health crisis breathing space for those receiving mental health crisis treatment

A mental health crisis Breathing Space lasts as long as the person’s mental health crisis treatment, plus 30 days.

Find a free debt advisor at the MoneyHelper website.

 

Key takeaways

  • Act early if you’re struggling — don’t ignore arrears
  • Social landlords must offer support before taking court action
  • You have rights at every stage, including the right to challenge decisions
  • Help is available — you don’t have to face this alone

 

 

Useful links on this site

Guidance on rent and service charges

 

 

External websites

Citizens Advice – Dealing with rent arrears

 

MoneyHelper website — Find a free debt advisor

 

National Debtline – Rent arrears England

 

Shelter — Breathing Space information

 

StepChange debt advice charity

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