Tenants - Protecting Your Home

With all types of tenancy, failure to pay the rent for two months (or 8 weekly payments) can lead to a Court Order permitting eviction. A Court is more likely to grant a landlord possession for rent arrears, whatever the reasons for your difficulty in paying, than to grant a mortgage lender possession for mortgage arrears. So keep paying the rent.

Make sure you keep your landlord informed. Many of them, especially private landlords, rely on your rent for their own income, and it may affect their own finances badly if they don't receive it on time - so be courteous and let them know what is going on. In your letter, ask for a little time to sort your financial affairs out, and offer to make a reduced payment for a few months. A letter such as the example given below should suffice:

Dear Mr Landord,

I am writing to let you know that unfortunately, due to a change in my employment, my financial circumstances have temporarily taken a turn for the worse.

I am unable to meet this month's rent payment in full, although I am able to pay £350 this month (April) and £350 in May. This will leave a shortfall of £320 per month but I hope to be in a position to repay that by the end of July when my affairs are straight again.

I am hoping this is only a temporary situation and will keep you informed.

Yours,

A. Tenant

If you can't pay the rent, do bear in mind the following:

You may be entitled to Housing Benefit if your income falls below a certain level either temporarily, through illness or unemployment, or permanently. You can apply even if you are in work, especially self-employed or running a small business - if you aren't making enough money to live on, you can claim. Contact the housing department of your local council.
Harassment from your landlord, including threats, visits or phone calls late at night or at work, is a criminal offence. Seek advice from an organisation such as the Citizens Advice Bureaux if it happens.
If you have become homeless through no fault of your own, your local council may have an obligation to re-house you. For this to happen, you must have been evicted after a Court Order, so it is important if you can't pay the rent to go through Court Proceedings until you are evicted. If you give up the tenancy before this you will be seen by the housing department as having made yourself deliberately homeless and you will not qualify for re-housing.

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