Rent Arrears

Rent arrears are rent that has become overdue under a tenancy agreement. A tenant is “in arrears” as soon as all or part of the rent is unpaid on the date it is due, even if the shortfall is small. Arrears can build up gradually if payments are missed or only partly made.

Rent arrears are one of the main legal grounds a landlord can rely on to seek possession through the courts. The landlord must usually serve the correct form of notice and then apply for a possession order, showing clear evidence of how much is owed and over what period. Serious or persistent arrears are more likely to result in a possession order. Low-level or short-term arrears may lead instead to a suspended order or an agreed repayment plan.

Even where arrears are significant, a landlord must not harass the tenant, change the locks or remove belongings without a court order, as that could amount to unlawful eviction. Tenants who fall into arrears should contact the landlord promptly, keep written records, check their housing benefit or Universal Credit position, and seek advice from a housing adviser or debt service. Early action can often prevent the arrears from escalating and reduce the risk of losing the home.