Rent Arrears: What to Do If You Can't Pay

Falling behind on rent is stressful, but you have rights and there are steps you can take. Rent arrears are a priority debt — meaning you could lose your home if you don’t act. This guide explains exactly what to do and how to protect yourself.

What Are Rent Arrears?

Rent arrears are rent payments you owe but haven’t paid. They build up when you miss rent payments or pay less than the full amount.

Why Rent Arrears Are Serious

Rent is a priority debt because:

• You can be evicted from your home
• The landlord can get a court order to force you out
• Bailiffs can be sent to remove you
• You’ll still owe the money even after eviction
• It damages your credit score for 6 years
• It can make it harder to rent elsewhere

Important: Rent arrears are treated more seriously than most other debts. Always pay rent before credit cards, loans, or other non-priority debts.

What to Do Immediately

1. Contact Your Landlord

The single most important step is to talk to your landlord or letting agent. Don’t ignore the problem.

What to say:

• Explain why you’re struggling (job loss, illness, benefit delay)
• Tell them you want to pay what you owe
• Ask if they’ll agree to a payment plan

Many landlords would rather work with you than go through the eviction process. They may accept reduced payments or a plan to catch up over time.

2. Pay What You Can

Even if you can’t pay the full amount, pay whatever you can afford. This shows good faith and may prevent the landlord from starting eviction proceedings.

• Pay something, even if it’s small
• Always pay something if you receive any money (benefits, wages)
• Keep proof of every payment you make

3. Check If You’re Entitled to Benefits

You may be able to get help with your rent through:

• Housing Benefit — if you’re on a low income and rent from a private landlord or the council
• Universal Credit housing element — if you claim Universal Credit, this helps cover your rent
• Discretionary Housing Payment (DHP) — extra money from your council if Housing Benefit or Universal Credit doesn’t cover your full rent

How to apply:

1. Contact your local council’s housing benefit department
2. If you’re on Universal Credit, apply through your Universal Credit journal
3. Ask for a DHP if you have a shortfall — you’ll need to explain your circumstances

4. Get Free Advice

Contact one of these organisations immediately:

Shelter helpline (0808 800 4444) is specifically trained to help with housing emergencies. Call them if you’re at risk of losing your home.

Your Landlord’s Obligations

Your landlord can’t just throw you out. They must follow a legal process.

What Your Landlord Must Do

• Give you proper written notice before starting court proceedings
• Follow the correct legal eviction process
• Protect your deposit in a government-approved scheme
• Maintain the property (repairs, safety)
• Not harass you or force you out illegally

What Your Landlord Cannot Do

• Change the locks while you’re out
• Remove your belongings without a court order
• Threaten or intimidate you
• Cut off your utilities
• Enter your home without permission (except for legitimate inspections with notice)

If your landlord tries any of these, they’re breaking the law. Contact Shelter or Citizens Advice immediately.

The Eviction Process

Your landlord must follow specific legal steps to evict you. The process depends on the type of tenancy you have.

Section 21 Notice (No-Fault Eviction)

A Section 21 notice is used to end an assured shorthold tenancy (AST) without giving a reason.

Key points about Section 21:

• The landlord doesn’t need to give a reason
• They can’t serve it during the first 4 months of your tenancy
• They must give you at least 2 months’ notice
• You don’t have to leave after 2 months — the landlord must get a court order
• The notice may be invalid if the landlord hasn’t protected your deposit or provided required documents

Section 8 Notice (Grounds for Eviction)

A Section 8 notice is used when the landlord has grounds to evict you, usually because of rent arrears.

Key points about Section 8:

• The landlord must prove they have grounds for eviction
• For rent arrears, they usually need to show at least 2 months’ arrears
• You can defend the case in court if you have a good reason
• The court can delay eviction if you can show you’ll pay soon

The Court Process

After the notice period ends, the landlord must apply to court for a possession order. This means:

1. Landlord applies to court — they file a claim for possession
2. You receive court papers — you’ll be sent the claim and can respond
3. Court hearing — you can attend and defend your case
4. Court decision — the judge makes a possession order
5. Bailiffs — if you don’t leave, the landlord applies for a warrant of possession

Important: Never ignore court papers. You have the right to attend the hearing and explain your situation to the judge.

How to Defend Yourself in Court

If your case goes to court, you may be able to defend yourself or get the case delayed.

Possible Defences

• The landlord hasn’t followed the correct legal process
• Your deposit wasn’t protected in an approved scheme
• You weren’t given the required prescribed information
• The property doesn’t have a valid energy performance certificate (EPC)
• You weren’t given a gas safety certificate
• The Section 21 notice is invalid
• The landlord hasn’t carried out required repairs
• You’ve already paid the arrears

Asking for Time

Even if the court decides in the landlord’s favour, you can ask the judge for:

• Time to pay — if you can show you’ll pay the arrears soon
• A suspended possession order — you can stay if you keep to a payment plan
• An adjournment — more time to get advice or resolve the situation

The court may grant time to pay if you can show:

• You have a realistic plan to pay off the arrears
• You’re receiving benefits or have a new job starting
• You’re getting help from family or a debt advice service

Template Letter to Landlord Offering a Payment Plan

Use this letter to propose a payment plan to your landlord. Send it by recorded delivery or email so you have proof.

[Your Name] [Your Address] [Date]

[Landlord/Agent Name] [Landlord/Agent Address]

Re: Rent Arrears at [Your Address]

Dear [Landlord/Agent Name],

I am writing regarding the rent arrears at the above property. I understand that I currently owe £[amount] in unpaid rent.

I want to assure you that I am committed to paying the full amount owed. I have been experiencing [briefly explain reason — e.g., a period of unemployment, a delay in my Universal Credit payments, an unexpected illness].

I would like to propose the following payment plan:

• Total owed: £[amount]
• Monthly payment: £[amount] on top of my regular rent
• Payment method: [Bank transfer/Standing order]
• Target completion date: [Date]

I am currently able to pay £[amount] immediately as a first payment. I can provide evidence of my income and expenditure if you would find this helpful.

I am also applying for [Discretionary Housing Payment/Universal Credit housing element/other benefit] to help reduce the shortfall going forward.

I would be grateful if you could confirm your acceptance of this payment plan in writing. If you have any concerns or would like to discuss alternative arrangements, I am happy to meet or talk by phone.

Yours sincerely,

[Your Signature] [Your Name]

Keep a copy of this letter. If your landlord refuses the plan, get advice from Shelter or Citizens Advice.

Preventing Future Arrears

Once you’ve dealt with the immediate crisis, take steps to avoid falling behind again:

• Set up a standing order for your rent so it’s paid automatically
• Prioritise rent in your budget — pay it before other non-essential spending
• Build an emergency fund — even a small amount can cover unexpected shortfalls
• Report changes in income immediately — if you lose your job or your hours change, tell your landlord and apply for benefits straight away
• Keep records of all payments and communication with your landlord

Frequently Asked Questions

Can my landlord increase my rent during arrears?

Your landlord can increase rent following the correct legal process. They must give you proper notice (usually 1 month) and you may have the right to challenge it.

Will rent arrears affect my credit score?

Yes. Rent arrears and any county court judgment (CCJ) related to rent will stay on your credit file for 6 years.

Can I be evicted for owing one month’s rent?

The landlord can serve a Section 8 notice if you owe at least 2 months’ rent. For one month’s arrears, they would need to rely on other grounds or wait until the arrears build up.

What if I’m in supported housing?

Supported housing has different rules. Contact Shelter or your support provider for advice specific to your situation.

Can I get help with rent from my council?

Yes. Apply for a Discretionary Housing Payment (DHP) from your local council. You’ll need to show why you’re struggling and provide evidence of your circumstances.

Where to Get Free Help

Remember: You don’t have to face rent arrears alone. The sooner you act, the more options you have. Contact Shelter on 0808 800 4444 or visit your local Citizens Advice for free, confidential help.