Priority Debt: Rent Arrears

Falling behind on rent

If you're struggling to pay your rent, you're not alone. It's important to act quickly. Rent arrears are a priority debt, which means the consequences of not paying can be serious, including losing your home. But there are steps you can take, and you have rights throughout the process.

Whether you rent privately or from a council or housing association, get in touch with us as soon as possible. We can give you free housing and debt advice together, so you get the full picture.

Private tenants

If you rent privately, your landlord may be more likely to start eviction proceedings quickly. They may also not contact you about arrears straight away, so it's important that you contact them first to try to find a solution.

What to do right now

• Talk to your landlord. Let them know you're having difficulty. Many landlords would rather agree a repayment plan than go through the cost of eviction.
• Check your benefits. You may be entitled to Universal Credit housing costs, Discretionary Housing Payments, or other support. We can help you check.
• Don't ignore letters or notices. If your landlord has started formal action, the deadlines matter. Bring any paperwork to us and we'll explain what it means.
• Contact us for free advice. We can look at your full situation (rent, debts, benefits, and housing rights) and help you work out a plan.

What your landlord has to do before you can be evicted

Eviction is a legal process with several stages. Your landlord cannot just change the locks or throw your things out. That would be illegal. Here's how the process works:

1. They must give you written notice

Your landlord has to serve a formal notice before they can apply to court:

• Section 8 notice: used when you owe rent (under Grounds 8, 10, and 11). If you owe 2 months' rent or more at the time of the notice and at the court hearing, the court must grant possession.
• Section 21 notice: a "no-fault" eviction notice, often used to end assured shorthold tenancies, which can be used regardless of rent arrears. However, no-fault evictions are ending on 1 May 2026 under the Renters' Rights Act 2025.

2. They must apply to court

If you don't leave after the notice period, your landlord has to apply to the court for a possession order. This usually means a court hearing, which can take 8-10 weeks from when they apply.

3. The court decides

The court can:

• Grant a standard possession order, which usually gives you 14 days to leave
• Grant a suspended possession order, which lets you stay as long as you keep up with an agreed repayment plan

A suspended order is often possible if you can show you're able to pay something towards the arrears. This is where having advice from us can make a real difference.

4. Bailiff eviction (last resort)

If you don't leave by the date in the court order, your landlord has to apply for a warrant of possession. Court bailiffs will then carry out the eviction, which can take another 4-6 weeks.

Get help

Rent arrears can feel overwhelming, but the earlier you get advice, the more options you have.

• Email us at info@youthlegal.org.uk
• Call us on 020 3195 1906
• Fill in our contact form and we'll get back to you

All our advice is free and confidential. You can also check your rights at Shelter or Citizens Advice.