Council & HA Tenants

Dealing with the problem

Reducing the rent arrears

If you have had to put up with disrepair, then there may be the possibility of making a claim for damages and offsetting any compensation against your rent arrears.

If court proceedings have already been issued against you, then this is called a counter-claim.

This is a common device to reduce rent arrears and if you have suffered disrepair, you should seek advice.

Payments by instalment

If you have got into difficulties with your rent, then a social landlord will always accept reasonable payments by instalment.

A rule of thumb is that the courts usually like to see the debt cleared within two years. However, where the debt concerns someone's home both social landlords and the courts are usually willing to accept payment over a longer period.

For example, the standard payment for someone in receipt of Income Support or Job Seekers Allowance is the current rent plus £3.00 per week.

There are two important factors to be considered before agreeing an amount to be paid off the arrears with your landlord.

Make sure the payments are realistic

Firstly, it should be a realistic sum that you can afford regularly.

You will do yourself no favours if, in trying to please your landlord, you agree to payments that you cannot afford on a regular basis.

Make sure the payments are regular

Secondly, your payments must be regular.

While your landlord will be sympathetic if you have extenuating circumstances, they will also have seen thousands of tenants before you in similar situations and they will have seen many broken promises.

As a consequence, your landlord will judge your commitment to clearing your arrears by the regularity of your payments.

If you have agreed to an unrealistic sum then you should explain your financial situation to your landlord as soon as possible.

Likewise, the instalment agreed may become unmanageable through loss of income. If this does happen then you should inform your landlord as soon as possible.

If you have not already done so, you should consider getting independent advice.

• If you dispute the amount of arrears alleged by the landlord, then you should try to produce your own rent account showing the payments you have made.
• It may help your defence if you have full access to the file that your landlord holds on your tenancy. You can request your file under the Access to Personal Files [Housing] Regulations 1989.
• There may be a technical defence if the legal procedure has been followed incorrectly.
• If you are an Assured tenant and have possession proceedings brought against you under Ground 8, the court cannot allow the hearing to be adjourned, even if there is some money coming to you to clear the arrears, for instance an outstanding claim for housing benefit. It is therefore essential to get advice quickly so that your adviser can negotiate with the landlord to withdraw the Ground 8 claim before the court hearing goes ahead.