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Being Evicted for Rent Arrears – Detailed Guide & FAQs

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Scott Nelson

Managing Director

MoneyNerd’s founder, Scott Nelson, has a decade of financial industry experience, including 6 years in FCA regulated loan and credit card companies. Troubled by a lack of conscience in the industry, he founded MoneyNerd to give genuine advice to those in debt and struggling financially.

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Janine Marsh

Financial Expert

Janine Marsh is an award-winning presenter and a valuable member of the MoneyNerd team. With a wealth of experience as a financial expert, she's been featured on BBC Radio 4, BBC Local Radio, and BBC Five Live, and is a regular on Co-op Radio.

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· Feb 15th, 2024
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Evicted For Rent Arrears

For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

Are you worried about being evicted due to rent arrears? This guide is here to help you understand the process and know what to do.

Each month, over 170,000 people turn to our website for advice on issues such as this, so you’re not alone in this situation.

In this easy-to-understand guide, we’ll cover:

  • What rent arrears are and how they can lead to eviction.
  • Steps your landlord must take to evict you.
  • How many months of rent arrears can lead to eviction.
  • Options for dealing with rent arrears.
  • Where to find free support and advice.

Our team understands how stressful facing eviction can be, as some of us have been in the same boat. We’re here to offer clear, reliable advice to help you navigate this tough time.

Let’s dive in and learn more about dealing with eviction due to rent arrears.

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Can a landlord evict you for rent arrears?

Landlords can evict tenants for rent arrears on fixed-term agreements, but it is not a simple or quick eviction process.

The process for evicting tenants because of unpaid rent starts with a Section 8 notice to seek possession.

Next, it may escalate to the landlord applying for a type of court order called a possession order

However, the circumstances will vary depending on whether you are renting a council property or from a private landlord.

Rent arrears: private landlord

If you’re in rent arrears with a private landlord, your landlord can evict you.

However, they must provide you with at least two weeks’ notice. If you don’t leave after two weeks, they could request that the court evict you.

However, they need to provide the court with evidence that you are in rent arrears. I explain this in more detail below.

Rent arrears: council

If you are getting evicted from a council property because of rent arrears alone, the council must give you 4 weeks’ notice.

However, if you are displaying serious anti-social behaviour, your eviction could be fast-tracked. The sooner you respond to a notice of eviction from the council, the more likely you are to be able to remain in your house.

There is more detail on the eviction process below.

Being Evicted for Rent Arrears
Source: MSE Forum.

Before your landlord can evict you on the grounds of rent arrears, they must provide you with a written notice. If you don’t leave the property after the notice period, the landlord has to go to court to get a possession order.

Note that landlords must place your deposit in a government-backed tenancy deposit scheme (DPS) before commencing the eviction process.

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How many months rent arrears before eviction?

In general, you can be evicted from your tenancy if you have missed eight weeks or two months of rent payments.

Because tenants pay rent monthly and in advance, they can officially be evicted the day after missing the second payment, i.e. one month and one day

Landlords cannot send a notice to seek possession before this time. It will take many more weeks or months for the eviction to be completed. 

This is the general rule of thumb, but there can be differences based on the type of tenancy agreement you have. 

What happens when a landlord tries to evict a tenant?

Step 1: Notice to seek possession

The landlord must give the tenants notice that they want them out of the property and will be taking legal action if they don’t leave.

This will be a section 8 notice because the tenant has not kept to the terms of the tenancy. You may be able to agree on a repayment plan and avoid eviction. 

Depending on the type of tenancy you have, you are entitled to a minimum notice period. That is:

  • If you’re in rent arrears with a private landlord or not
  • Depending on the type of tenancy agreement you have. 

For example, if your fixed term has ended or you never had a fixed term tenancy, the landlord can issue the tenant with a section 21 notice.

A section 21 must provide at least 2 months’ notice.

If you receive a notice to seek possession, you should seek support from a debt charity like Citizens Advice or StepChange as soon as possible.

There is no obligation for a tenant to leave the property at this stage, but you may prefer to. 

If you leave the property within the notice period, and you have rent arrears, the owner can still take legal action to recover the unpaid rent.

Step 2: Initial legal action

If you choose not to leave after receiving a notice to seek possession, the landlord will need to ask the court to give them permission to repossess the property. 

You will first receive a claim form and defence form; the latter is to be completed and sent back. You should complete this form within 14 days of the date you received it. 

The court will then reply with a notice of review letting you know of the review date. This is when the court will decide if there should be a possession hearing.

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Step 3: Possession order

At the possession hearing, the landlord can ask the judge to issue a possession order to allow the eviction. This is an order that typically requests the tenant leaves by a certain date. 

There are different types of possession orders, namely:

  1. Outright possession order
  2. Postponed possession order
  3. Suspended possession order

An outright order means you should leave by the date stated, whereas a postponed or suspended order allows the tenant to continue residing at the property but must keep to certain terms – or they will be ordered to leave

Step 4: Warrant of possession

If the tenant still remains in the property after the day the possession order requests they leave, the landlord then has to apply to the court and ask for something called a Warrant of Possession

This is a warrant that allows landlords to take back possession of their property from the tenant using enforcement officers (e.g bailiffs).

There are ways to get this warrant set aside or suspended, but you will have to convince a judge and give good reasoning. 

Step 5: Notice of eviction

The final step in the process if it gets this far is to serve the tenant with a notice of eviction.

You will receive a notice period of the time the bailiffs will arrive to repossess the property. 

If this happens, they will not harm you, but they can use reasonable force to enter the property, such as using a locksmith.

If bailiffs are used, the costs associated with their service as well as any legal fees may be added to your rent arrears by the landlord.

How can I get out of rent arrears?

No tenant wants to experience an eviction or lose their housing, so if you do owe money, you’ll probably want to get out of those arrears. 

One way of getting rid of your arrears is to offer the landlord a repayment plan over many weeks or months based on your financial circumstances. A good option for this is an administration order, which can help you pay back your debts over a specific period agreed by all parties involved.

Before you talk to them and offer them repayment terms, you should work out your budget.

You can use our budgeting guide for free guidance if your need help. 

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How far back can rent arrears be claimed?

Your landlord can chase you for up to six years to pay your arrears.

This period starts from the day the arrears began, not when the tenant left the property.

If a landlord manages to get a CCJ forcing you to pay, they will have a further six years to enforce it with a number of possible methods, including bailiffs. 

Can I still move if I have rent arrears?

If you want to move council houses or housing associations with rent arrears, you might be rejected.

Similarly, if you have unpaid rent arrears to a private landlord, you are unlikely to get a good reference and it can make it difficult to move to a new private tenancy – but not impossible. 

If you have rent arrears after moving out, it is possible that your previous landlord will continue to chase you for payment.

It’s important to communicate your situation with them. If you ignore correspondence, legal action could be taken.

Anyone who is evicted from their home can seek emergency accommodation from organisations like Shelter or your local council.

Could you legally write off some debt?

Answer below to get started.

How much debt do you have?

This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.

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The authors
Scott Nelson Profile Picture
Author
MoneyNerd’s founder, Scott Nelson, has a decade of financial industry experience, including 6 years in FCA regulated loan and credit card companies. Troubled by a lack of conscience in the industry, he founded MoneyNerd to give genuine advice to those in debt and struggling financially.
Janine Marsh Profile Picture
Debt Expert
Janine Marsh is an award-winning presenter and a valuable member of the MoneyNerd team. With a wealth of experience as a financial expert, she's been featured on BBC Radio 4, BBC Local Radio, and BBC Five Live, and is a regular on Co-op Radio.