Understanding Eviction for Unpaid Rent
If you fall behind on your rent, you may be at risk of eviction due to rent arrears. Rent arrears simply means you owe your landlord money because you have missed one or more rent payments. Even if you miss just one payment, your landlord can start the eviction process, but there are strict rules they must follow.
Eviction for unpaid rent is when your landlord asks you to leave your home because you have not paid your rent on time. This is one of the most common reasons for eviction in the UK. If you do not pay the rent you owe, your landlord can serve you with a notice and, if necessary, apply to the court to have you removed from the property.
When you fall into rent arrears, your landlord should first contact you to discuss the missed payments. If the arrears continue, they can serve you with a formal notice. The type of notice and the process your landlord must follow depends on the type of tenancy you have. For example, if you have an assured shorthold tenancy in England, your landlord may use a Section 8 notice (for rent arrears of at least two months) or a Section 21 notice (no-fault eviction, but often used when there are arrears).
If you do not pay the arrears or reach an agreement, your landlord can apply to the court for a possession order. If the court grants this order, you may be given a date by which you must leave. If you still do not leave, your landlord can ask the court to send bailiffs to remove you.
You have important rights if your landlord is trying to evict you for unpaid rent. Your landlord must:
Serve you with the correct notice in writing, giving you a specific period to pay the arrears or leave.
Follow the legal process for eviction, which usually means going to court if you do not leave voluntarily.
Not harass you or try to force you out without a court order – illegal eviction is a criminal offence.
You also have the right to challenge the eviction in court, especially if you have a good reason for missing payments (such as delays in benefits) or if your landlord has not followed the correct procedure. In some cases, you may be able to negotiate a repayment plan with your landlord to clear the arrears and avoid eviction altogether.
It is important to get advice as soon as you fall behind with rent. You can find more information about your tenant rights on Shelter England’s website, or read the official government guidance on eviction for a step-by-step overview of the process.
If you are facing eviction for unpaid rent, understanding your rights and the correct legal process is crucial. You do not have to leave your home straight away, and there may be options to help you stay. For more information on the general process and your rights, see our main page on eviction.
What Are Rent Arrears?
Rent arrears are simply unpaid rent – money you owe your landlord because you have not paid all or part of your rent on the date it was due. Arrears can start to build up if you miss a single payment or if you pay less than the full amount required. Over time, these missed or partial payments accumulate, making it more difficult to catch up.
For example, if your rent is due on the first of each month and you are unable to pay in full, the unpaid amount will be classed as arrears. If you continue to miss payments, the arrears will increase, and your landlord may take action to recover the debt.
Falling behind on your rent can have serious consequences. The most significant risk is that your landlord may begin the legal process to evict you from your home. In England and Wales, landlords can use specific legal grounds – such as Ground 8 under the Housing Act 1988 – to seek possession of the property if you owe at least eight weeks’ rent (for weekly tenancies) or two months’ rent (for monthly tenancies) at the time of serving notice and at the court hearing.
In addition to the threat of eviction, rent arrears can:
Damage your credit rating if a court judgment is made against you.
Result in extra costs, such as court fees or interest on the arrears.
Make it harder to rent another property in the future, as many landlords check references and credit history.
Taking action as soon as you realise you’re struggling to pay your rent is crucial. The longer you leave arrears unpaid, the more difficult it becomes to resolve the situation. Early steps might include:
Speaking to your landlord to explain your circumstances and try to agree a repayment plan.
Checking if you are entitled to benefits such as Universal Credit or Housing Benefit to help with rent payments.
Seeking free advice from housing charities or local councils.
Understanding your rights and responsibilities around rent arrears is important, as there are rules your landlord must follow before they can evict you. For a detailed explanation of the legal process and your options, see the Shelter Legal – Rent arrears possession – Shelter England guide.
If you are worried about losing your home because of rent arrears, don’t ignore the problem – getting help early can make a real difference.
How Unpaid Rent Can Lead to Eviction
Falling behind on your rent, known as being in rent arrears, is one of the most common reasons landlords begin eviction proceedings in the UK. If you owe rent, your landlord can take legal steps to end your tenancy and reclaim their property, but they must follow a strict legal process.
When you sign a tenancy agreement, you agree to pay rent regularly and on time. If you miss payments, your landlord may see this as a breach of your tenancy agreement. The longer the arrears continue, the more likely it is that your landlord will take action to recover the money or regain possession of their property.
Landlords cannot evict tenants immediately for missing a payment. Instead, they must follow the correct legal process, which usually starts with serving you a formal notice. The type of notice and the process your landlord must follow depends on the type of tenancy you have (for example, assured shorthold tenancy or assured tenancy).
For most private tenants in England and Wales, landlords use either a Section 8 or Section 21 notice under the Housing Act 1988:
Section 8 Notice: This is used when a tenant has broken the terms of the tenancy, such as by falling into rent arrears. The landlord must specify the exact grounds for eviction. The most common is “Ground 8,” which applies if you owe at least two months’ rent (for monthly tenancies) both at the time the notice is served and at the court hearing.
Section 21 Notice: This allows landlords to regain possession without giving a reason, but it cannot be used during the fixed term unless there is a break clause. It is often used at the end of a tenancy, but if you are in arrears, landlords may prefer Section 8 for a quicker process.
In Scotland and Northern Ireland, the rules are slightly different, but the principle is the same: landlords can use rent arrears as a legal reason to seek eviction.
To evict you for rent arrears, landlords must show the court that you owe rent. The most common grounds in England and Wales are:
Ground 8 (Mandatory Ground): If you owe at least two months’ rent (or eight weeks if you pay weekly), the court must grant possession if the arrears exist both when the notice is served and at the court hearing.
Ground 10 (Discretionary Ground): If you are in arrears at the time of the notice and at the court hearing, even if it’s less than two months, the court can decide whether to grant possession.
Ground 11 (Discretionary Ground): If you have a history of being persistently late with your rent, even if you are not in arrears at the time of the hearing, the court may still grant possession.
The landlord will need to provide evidence, such as a rent statement or account summary, to prove how much is owed. If you dispute the amount or believe the arrears are incorrect, you should gather your own records and seek advice as soon as possible.
If you are struggling to pay your rent, it is important to act quickly. Contact your landlord to explain your situation and try to reach an agreement, such as a repayment plan. Keeping a record of your communications and payments can help if the case goes to court. Remember, eviction for rent arrears is a legal process, and you have rights at every stage. Always read any notices carefully and seek advice if you are unsure about your position.
Legal Process for Eviction Due to Rent Arrears
If you fall behind on your rent, your landlord must follow a strict legal process before they can evict you. Understanding these steps can help you know your rights and what actions you can take.
Before starting any eviction proceedings, your landlord should inform you that you are in arrears. Many landlords will contact you directly to discuss the missed payments and may try to agree on a repayment plan. It’s important to respond promptly and keep records of any communication.
If the arrears continue and you’re unable to resolve the issue, your landlord can begin formal eviction proceedings by serving you with a written notice. The type of notice and the notice period required depend on the type of tenancy you have:
Assured Shorthold Tenancy (AST): Most private tenants have this type of agreement. Your landlord can use a Section 8 notice (under the Housing Act 1988) if you owe at least two months’ rent (or eight weeks if you pay weekly). The notice must clearly state the grounds for eviction (such as rent arrears) and give you at least 14 days to leave.
Section 21 Notice: In some cases, landlords may use a Section 21 notice to regain possession at the end of a fixed-term tenancy, but this cannot be used solely because of rent arrears.
Other Tenancies: Different rules may apply if you have a different type of tenancy, such as a regulated or council tenancy.
The eviction notice must include:
Your name and address
The amount of rent owed and the dates it relates to
The specific legal grounds for eviction
The date by which you must leave or respond
If you have received an eviction notice, it’s vital to read it carefully and check that all the required information is included. Notices that are incorrect or incomplete may not be valid.
If you do not leave by the date specified in the notice, your landlord must apply to the court for a possession order. You will receive court papers giving you a chance to explain your situation or come to an agreement. The court will review the case, and if it finds in the landlord’s favour, it may grant a possession order, usually giving you a final date to leave.
If you still do not leave after the court order, your landlord must apply for a bailiff’s warrant. Only court-appointed bailiffs can legally remove you from the property.
Your landlord cannot evict you without following this legal process. They must not force you out, change the locks, or remove your belongings without a court order.
You have the right to challenge the eviction in court, especially if you believe the notice is invalid or you can repay the arrears.
Always keep copies of all correspondence and seek advice as soon as possible.
Knowing the eviction process can help you understand your options and protect your rights. If you are facing eviction due to rent arrears, taking early action can make a significant difference.
Notice Requirements Before Eviction
If you fall behind on your rent, your landlord cannot simply ask you to leave or change the locks. There are strict legal steps they must follow before they can evict you. The first and most important step is serving you with the correct eviction notice.
For rent arrears, most private landlords in England and Wales use a Section 8 notice under the Housing Act 1988. This notice is specifically used when you have broken the terms of your tenancy, such as not paying rent. The Section 8 notice will state the specific grounds for eviction – usually Ground 8, which applies if you owe at least two months’ rent (or eight weeks if you pay weekly).
If your landlord uses a Section 21 notice (also known as a ‘no fault’ eviction), it usually means they want to end the tenancy without giving a specific reason. However, Section 21 cannot be used if you are still in a fixed-term contract (unless there is a break clause) or if your landlord has not met certain legal requirements, like protecting your deposit.
The notice period depends on the type of notice and the reason for eviction:
Section 8 notice (rent arrears): The notice period is usually two weeks if your landlord is using Ground 8 for serious rent arrears. However, they may use other grounds, which can require longer notice.
Section 21 notice: The notice period is generally two months.
It’s important to note that during the COVID-19 pandemic, notice periods were temporarily extended, but most have now returned to pre-pandemic lengths. Always check the date on your notice and the current legal requirements.
For a notice to be valid, your landlord must:
Use the correct form (for Section 8, this is ‘Form 3’).
Clearly state the reasons (grounds) for eviction and the amount of rent owed.
Make sure the notice is served correctly – usually by delivering it to you in person, by post, or sometimes by email if your tenancy agreement allows.
Provide the correct notice period based on the type of notice and grounds used.
If the notice is not completed properly or the wrong notice period is given, the eviction process can be delayed or even thrown out by the court. This is why it’s crucial for both landlords and tenants to understand these requirements.
Receiving a valid eviction notice gives you time to act. You may be able to:
Pay off your rent arrears to stop the eviction.
Seek advice or support, such as negotiating a repayment plan.
Prepare for possible court proceedings.
If you believe the notice you’ve received is incorrect or invalid, you may be able to challenge it. Always keep a copy of any notice and any communication with your landlord. If you’re unsure about your rights, consider seeking legal advice as soon as possible.
Understanding the notice requirements is the first step in protecting your rights and exploring your options if you’re at risk of eviction for unpaid rent.
Court Proceedings and Eviction Hearings
If your landlord wants to evict you because of unpaid rent, they must first follow a legal process. After serving you with the correct notice and waiting for the notice period to end, your landlord can apply to the court for a possession order. This means the court will consider whether you should be evicted from your home.
Once your landlord submits a claim to the court, you will receive official court papers. These documents will include the details of the claim, the reasons for eviction, and a defence form. It’s important to read everything carefully and respond within the deadline – usually 14 days. The defence form is your chance to explain your situation, such as why you have rent arrears or if you disagree with the landlord’s claim.
You’ll also be told the date and time of your eviction hearing. This hearing is your opportunity to present your side of the story to a judge before any final decision is made.
At the eviction hearing, both you and your landlord will have a chance to explain your positions. You can bring evidence, such as proof of payments, letters to your landlord, or details about your financial situation. If you have made efforts to pay off the arrears or if there are errors in the landlord’s claim, make sure to highlight these.
You have the right to attend the hearing, speak for yourself, or be represented by a legal adviser or support worker. If you need help, you can ask the court for an interpreter or other support. If you cannot attend, let the court know as soon as possible and explain why.
After hearing both sides, the judge may make several decisions:
Dismiss the case if the landlord has not followed the correct procedure or if you have paid off the arrears.
Grant a suspended possession order, which allows you to stay in your home as long as you keep up with rent payments and pay off arrears in instalments.
Issue an outright possession order, meaning you will have to leave your home, usually within 14 or 28 days.
Adjourn the hearing to a later date if more information is needed or if you need more time to prepare.
If a possession order is granted, you will be given a date by which you must leave. If you do not leave by this date, your landlord must apply for a warrant of eviction, and bailiffs may be sent to remove you.
The entire process – from the court application to an eviction – can take several weeks or even months, depending on the circumstances and court schedules. Using the time before the hearing to seek advice, gather evidence, and negotiate with your landlord can sometimes help you avoid eviction.
To learn more about what happens at eviction hearings and your rights during the process, visit the official guidance on eviction hearings from GOV.UK.
Your Rights and How to Respond to Eviction for Unpaid Rent
When facing eviction for unpaid rent, it’s important to understand your rights and the steps you can take to protect your home. In the UK, your landlord must follow a strict legal process before you can be evicted, and you have several options to respond if you fall into rent arrears.
If you receive notice from your landlord because of unpaid rent, don’t ignore it. Acting quickly can make a big difference. Here are some ways you can respond:
Talk to Your Landlord: If you’re struggling to pay your rent, contact your landlord as soon as possible. You might be able to agree on a repayment plan to clear your arrears over time. Make sure any agreement is put in writing.
Check the Validity of the Notice: Your landlord must serve you the correct notice before starting eviction proceedings. For example, if you have an assured shorthold tenancy, they usually need to serve a Section 8 notice, citing the correct grounds for eviction (such as Ground 8 for serious rent arrears).
Seek Financial Help: You may be able to get support with your rent through benefits like Universal Credit or Housing Benefit. Local councils can also offer discretionary housing payments in some cases.
If you believe the eviction process is unfair or incorrect, you have the right to challenge it. For example, you might be able to dispute the eviction if:
The landlord hasn’t followed the correct legal procedure (such as giving the right amount of notice or using the correct form).
The amount of rent arrears is wrong.
You’ve already paid off the arrears, or agreed a repayment plan that the landlord accepted.
You can present your case in court if the eviction goes that far. It’s a good idea to gather evidence, such as rent statements, payment receipts, and any correspondence with your landlord. For more detailed guidance on your rights and the steps involved, see our page on challenging an eviction.
Eviction for rent arrears can be stressful, but you don’t have to face it alone. Getting advice early can help you understand your options, negotiate with your landlord, and prepare for any legal proceedings. Support is available from housing charities, your local council, and legal advice services. For more information on what to do next and where to find support, visit our guide to help if you’re being evicted.
Remember, your landlord cannot evict you without following the correct legal steps. Knowing your rights and taking action quickly gives you the best chance of keeping your home or resolving the situation on the best possible terms.
Challenging an Eviction
If you are facing eviction due to unpaid rent, you may have grounds to challenge the eviction notice or the court proceedings. Understanding your rights and the steps involved can help you protect your home and improve your chances of a positive outcome.
Landlords must follow strict legal procedures before evicting you for rent arrears. You may be able to challenge the eviction if:
The landlord did not follow the correct process: For most tenancies in England and Wales, landlords must serve a valid notice (such as a Section 8 or Section 21 notice) and provide the correct notice period. If the notice is incorrect or not properly served, you can argue that the eviction is invalid.
You dispute the amount owed: If you believe the landlord has miscalculated your rent arrears or not taken into account payments or housing benefit, you can present evidence to the court.
You have paid off the arrears: For certain types of tenancy (like assured shorthold tenancies), if you pay all the outstanding rent and court costs before the hearing or before the possession order is made, the court may not allow the eviction to proceed.
There are exceptional circumstances: If eviction would cause exceptional hardship, you may ask the court to delay the process or consider your situation. This could include serious illness or other vulnerabilities.
The landlord has retaliated against you: If you reported repairs or complained about living conditions and the eviction is in response, you may have additional protections.
For a detailed step-by-step guide on how to challenge the process, see our page on challenging an eviction.
If your case goes to court, you will have the opportunity to explain your situation to a judge. Here’s how you can prepare:
Gather evidence: Collect any documents that support your case, such as rent statements, bank records, correspondence with your landlord, and evidence of payments.
Prepare your arguments: Clearly outline why you believe the eviction should not go ahead. Be ready to explain any errors in the landlord’s claim, payments you have made, or any circumstances that should be considered.
Attend the hearing: Make sure you attend the court hearing. If you cannot attend, inform the court as soon as possible.
Seek advice: Legal advice or support from housing charities can help you prepare and present your case effectively.
If you are successful in challenging the eviction, several outcomes are possible:
The court dismisses the case: If the landlord has not followed the correct procedure or you have paid off the arrears, the court may refuse to grant a possession order.
The court delays the eviction: The judge may grant you extra time to pay off the arrears or to find alternative accommodation, especially if you demonstrate exceptional hardship.
Suspended possession order: The court might allow you to stay in your home as long as you keep up with an agreed payment plan to clear the arrears.
Remember, every case is different. Taking action early and understanding your rights can make a significant difference. If you believe your eviction is unfair or incorrect, don’t hesitate to seek help and explore your options for challenging an eviction.
Requesting a Council Review of the Eviction Decision
If your landlord is trying to evict you because of unpaid rent, and the council has decided you are not entitled to further help or temporary accommodation, you have the right to ask the council to review their decision. This is known as a “review request” and can be a crucial step in delaying or even preventing eviction.
You must act quickly if you want to challenge the council’s decision. You usually have 21 days from the date you receive the council’s written notice to request a review. The notice should explain your right to a review and how to apply. If you miss the deadline, the council may refuse to look at your case again, so it’s important to respond as soon as possible.
You can request a review by writing to the council – an email or a letter is usually acceptable. Clearly state that you want a review of their decision regarding your eviction. Include your name, address, and any reference number from the council’s letter. If you need help, local advice agencies or charities may be able to support you with this process.
For a step-by-step guide, see our page on requesting the council to review their decision to evict you.
When requesting a review, you should explain why you think the council’s decision is wrong. Provide as much information and evidence as possible, such as:
Proof of any payments you have made towards your rent arrears
Evidence of changes in your circumstances (such as a new job, illness, or benefit claim)
Details of any mistakes in the council’s assessment
Letters from your landlord, support workers, or anyone else involved in your case
The more information you provide, the better chance you have of the council reconsidering their decision.
Requesting a review can delay the eviction process, as councils often pause action while they reconsider your case. This gives you more time to find a solution – such as arranging to pay off arrears, seeking debt advice, or finding alternative accommodation. In some cases, the council may overturn their original decision, meaning you could continue to receive support or stay in temporary housing.
If the council upholds their decision after the review, you may still have the right to appeal to the county court on a point of law. It’s important to get legal advice if you reach this stage.
For more about the council’s responsibilities and recent changes in the law, you can read the council review section of the Renters Reform Bill, Committee Stage, House of Commons, 7 November 2023.
Taking action quickly and providing clear information can make a real difference to your chances of avoiding eviction. If you are unsure about your rights or need help with the process, seek advice from a housing specialist or local support service.
Support and Assistance to Avoid Eviction
If you’re struggling to pay your rent and are worried about eviction, there are several types of support available to help you stay in your home and manage your rent arrears. Acting quickly is important, as early action can make a big difference.
You may be able to get financial help to cover your rent if you’re on a low income or facing financial hardship. One of the main sources of support is housing benefit, which is designed to help eligible tenants with their rent payments. If you’re already receiving Universal Credit, the housing costs element may help with rent instead. In some cases, you can also apply for a Discretionary Housing Payment from your local council if your housing benefit or Universal Credit doesn’t cover all your rent.
If you’re behind on rent, it’s important to check if you’re receiving all the benefits you’re entitled to. You can use an online benefits calculator or contact your local council for advice.
Beyond direct financial help, there are other forms of housing assistance available. Local councils often have schemes to support tenants at risk of homelessness, including debt advice, mediation services, and sometimes help with paying arrears to avoid eviction. Charities such as Shelter and Citizens Advice can also provide guidance and, in some cases, help you negotiate with your landlord.
It’s essential to communicate with your landlord if you’re struggling to pay rent. Many landlords are willing to agree on a repayment plan if you show you’re taking steps to resolve the situation. Keep records of all correspondence and any agreements made.
If you receive a notice seeking possession (such as a Section 8 or Section 21 notice), don’t ignore it. Seek advice as soon as possible. Free, confidential advice is available from organisations like Citizens Advice, Shelter, and your local council’s housing department. They can help you understand your rights, challenge unfair eviction notices, and explore options to stay in your home.
Landlords must follow strict legal procedures before evicting you for rent arrears. You have the right to be properly notified and to challenge the eviction in court if necessary. For more information about your rights and the eviction process, see the other sections of this guide or contact a housing adviser.
Taking action early and seeking support can help you avoid eviction and get back on track with your rent.
Financial Support Options
If you’re struggling to pay your rent and facing eviction due to arrears, there are several financial support options available that may help you stay in your home. Understanding these benefits and how to apply can make a significant difference in managing your rent payments and reducing the risk of eviction.
housing benefit is a government payment designed to help people on a low income cover their rent costs. If you are not already claiming Universal Credit and you meet certain eligibility requirements, you may be able to claim Housing Benefit. This support is gradually being replaced by Universal Credit, but some people – such as pensioners or those living in certain types of accommodation – may still be eligible.
To find out if you qualify and to learn more about how much you could receive, visit the official Housing Benefit: Eligibility – GOV.UK page. The amount you get will depend on your income, savings, household circumstances, and the type of property you rent.
Universal Credit is a newer benefit that has replaced Housing Benefit for most working-age people. It includes a housing element to help with rent payments. If you’re already receiving Universal Credit, you can ask for your housing costs to be paid directly to your landlord if you’re struggling with arrears. This is known as an Alternative Payment Arrangement.
If you have rent arrears, Universal Credit may be able to make deductions from your payment and send them directly to your landlord to help clear the debt. For detailed guidance on how Universal Credit works with rent arrears and what to do if you’re in debt, see Universal Credit (Citizens Advice).
If your benefits do not cover the full amount of your rent, or you need extra help for a short period, you may be able to apply for a Discretionary Housing Payment (DHP) from your local council. DHPs are short-term payments to help with rent or housing costs if you receive Housing Benefit or the housing element of Universal Credit but are still struggling.
Some local councils and charities also offer emergency support or grants for people at risk of homelessness due to rent arrears. It’s worth contacting your local authority or a local advice centre to see what help is available in your area.
Housing Benefit: You can apply through your local council. Most councils have an online application process. You’ll need to provide details about your income, savings, rent, and household. For more information, see Housing Benefit: Eligibility – GOV.UK.
Universal Credit: Apply online through the government’s Universal Credit portal. You’ll need to set up an account and provide details about your finances, rent, and household. If you’re already claiming and struggling with arrears, speak to your work coach or use your online journal to request an Alternative Payment Arrangement.
Discretionary Housing Payment: Contact your local council for an application form. You may need to show evidence of your financial situation and explain why you need extra help.
Apply as soon as you realise you’re struggling to pay your rent – delays can make arrears worse.
Keep copies of all correspondence and evidence you provide.
If you’re unsure which benefit applies to you, or need help with your application, seek advice from your local council or an independent advice service.
For more information on your rights and what to do if you are being threatened with eviction, explore our related guides or speak to a housing adviser.
Employment and Income Considerations
Your employment situation plays a big role in your ability to keep up with rent payments. If you’re facing eviction for rent arrears, understanding how your job type affects your income can help you take practical steps to manage or improve your financial position.
Some jobs provide a steady, predictable income – such as full-time permanent roles – while others can be less secure. For example, if you are on a zero-hours contract, your employer isn’t obliged to offer you a minimum number of working hours. This can make it difficult to budget for regular expenses like rent, as your pay may change from week to week.
Other common employment types include part-time work, temporary contracts, agency work, and self-employment. Each comes with its own set of challenges and protections. For instance, temporary or agency workers may experience gaps between assignments, leading to periods with little or no income.
If you’re unsure how your job type might affect your financial stability, you can find more detail in our guide to types of employment.
Zero-hours contracts are increasingly common in the UK. While they offer flexibility, they also mean your income can be unpredictable. This uncertainty can make it harder to commit to regular rent payments, increasing the risk of falling into arrears.
If you’re on a zero-hours contract, it’s important to:
Track your hours and income carefully each week.
Save a portion of your pay when you have more work, to cover quieter periods.
Communicate with your landlord if you anticipate difficulty paying rent on time.
If you are self-employed or work irregular hours, you may also find it challenging to prove your income when applying for benefits or negotiating payment plans.
If your employment situation is making it hard to pay your rent, you are not alone. There are practical steps you can take:
Seek early advice: Contact your local Citizens Advice or a housing charity as soon as you start having trouble paying rent. They can help you understand your rights and options.
Check what benefits you can claim: Depending on your circumstances, you might be eligible for Universal Credit or Housing Benefit to help cover your rent.
Budget carefully: Create a budget to track your income and spending. This can help you spot where you might be able to cut back or plan ahead for lower-income periods.
Negotiate with your landlord: If you know you’ll struggle to pay rent, speak to your landlord as soon as possible. They may agree to a payment plan or give you more time to pay.
Remember, the law requires your landlord to follow a specific process before evicting you for rent arrears. Taking steps to manage your income and seek advice can help you avoid eviction and keep your home.
Differences Between Private Landlord and Council or Housing Association Evictions
When facing eviction for unpaid rent, the process and your rights can differ significantly depending on whether your landlord is a private individual or company, or a council or housing association. Understanding these differences is crucial, as it affects the steps your landlord must follow and the protections you have as a tenant.
Private landlords must follow strict legal procedures before they can evict you for rent arrears. Most tenants renting privately have an assured shorthold tenancy (AST), which means landlords usually use either a Section 8 or Section 21 notice to begin the eviction process.
Section 8 Notices: If you owe rent, a private landlord can serve a Section 8 notice, specifying the grounds for eviction – such as being at least two months in arrears. If you do not pay the arrears or move out, your landlord must apply to the court for a possession order.
Section 21 Notices: This notice allows landlords to regain possession without giving a reason, but it cannot be used during the fixed term of your tenancy or if certain rules haven’t been followed (for example, protecting your deposit properly).
Throughout the process, you have the right to stay in your home until a court order is granted and bailiffs are involved. For more detail on the steps and your rights, see our guide on evicting a tenant as a private landlord.
If you rent from a local council or a housing association, the eviction process is different and often involves more stages and protections for tenants. Typically, you will have a secure or assured tenancy, which provides stronger rights than most private tenancies.
Notice Requirements: Councils and housing associations must usually serve a Notice of Seeking Possession, outlining the reasons for eviction (such as rent arrears) and giving you a chance to address the issue.
Court Proceedings: They cannot evict you without first going to court and proving that the grounds for eviction are valid. The court will consider your circumstances, including any attempts you’ve made to pay off the arrears or reach an agreement.
Support and Safeguards: Social landlords often have policies to help tenants manage rent arrears, such as offering repayment plans or referring you to support services. There are also extra legal protections for vulnerable tenants, such as those with disabilities or families with children.
For a full explanation of the process and your rights, see our section on being evicted by the council or housing association.
It’s essential to know who your landlord is, as this determines which rules apply to your eviction. The type of landlord affects:
The notice you must be given
The court process that follows
The support and protections available to you
For example, councils and housing associations are usually required to offer more support and follow stricter procedures than private landlords. If you’re unsure, check your tenancy agreement or ask your landlord directly.
Understanding these differences can help you respond correctly, seek the right advice, and potentially avoid losing your home. If you are facing eviction, always seek support as early as possible – knowing your rights is the first step in protecting them.
