If you miss rent payments or pay late, you’re considered to be in rent arrears. Rent arrears can result in eviction, meaning you could lose your home. Here’s what you need to know about eviction notices, court proceedings, and how to handle rent arrears.
Eviction Notices for Rent Arrears
The amount of notice your landlord must give you before eviction depends on the type of tenancy you have.
1. For Assured Shorthold Tenancy or Assured Tenancy
Your landlord must give you 2 weeks’ notice if:
- You’re in rent arrears or frequently miss rent payments.
- You have an assured shorthold tenancy or assured tenancy.
The landlord must use a Section 8 notice to inform you of the eviction.
Tip: If you don’t leave the property by the end of the 2-week notice period, the landlord can apply to the court for an eviction order.
Eviction Without a Reason (Section 21 Notice)
If you have an assured shorthold tenancy, your landlord can evict you without needing to provide a reason, whether you’re in rent arrears or not.
- They must use a Section 21 notice and give you at least 2 months’ notice before applying to the court for eviction.
Receiving Both Section 8 and Section 21 Notices
If your landlord issues both notices and they have different dates, you could be taken to court if you do not move out by the earliest eviction date listed.
Other Types of Tenancies
1. Regulated Tenancy or Excluded Tenancy/Licence
If you have a regulated tenancy, excluded tenancy, or licence, the eviction rules may differ. Check your tenancy agreement or seek legal advice for specific information about your situation.
What Happens if Your Landlord Takes You to Court?
If your landlord uses a Section 8 notice to evict you, they must prove to the court that you are in rent arrears.
When the Court Will Approve an Eviction:
- You’re 2 months behind on rent if you pay monthly.
- You’re 8 weeks behind on rent if you pay weekly.
When Your Rent Is Less Late:
If your rent is not as far behind, the court will decide whether eviction is reasonable and proportionate.
Possible Court Decisions:
- The court can approve the eviction if they find it justified.
- Alternatively, they may allow you to stay in your home but set conditions such as:
- Paying back the rent you owe by a specific date.
- Not falling into rent arrears again.
How to Handle Rent Arrears
If you are struggling with rent, there are several steps you can take to prevent eviction:
- Contact Your Landlord: Let them know about any difficulties and see if a repayment plan can be arranged.
- Seek Financial Advice: Organizations like Citizens Advice and Shelter can help you create a strategy to manage your rent arrears.
By acting quickly, you may be able to prevent the situation from escalating to court proceedings.
Falling behind on rent is stressful, but knowing your rights and taking immediate action can help you stay in control. If you receive an eviction notice, understand the type of notice, the required notice period, and your options for seeking help. Legal and financial support may be available to prevent eviction or help with repayment plans.
FAQ’s
What is rent arrears?
Rent arrears occur when you miss or delay rent payments. Falling into arrears can lead to eviction if the rent remains unpaid.
What is a Section 8 eviction notice?
A Section 8 notice is issued when a tenant is in rent arrears or frequently misses rent payments. It requires 2 weeks’ notice before the landlord can take legal action.
What is a Section 21 eviction notice?
A Section 21 notice allows a landlord to evict a tenant without needing a specific reason. It requires at least 2 months’ notice before court proceedings.
What happens if my landlord takes me to court for rent arrears?
The landlord must prove you’re behind on rent. The court can approve the eviction or set conditions like a repayment plan to allow you to stay.
How can I prevent eviction due to rent arrears?
You can speak to your landlord, create a repayment plan, and seek advice from organizations like Shelter or Citizens Advice. Early action is crucial.