What do I do if I cannot pay the rent?
The arrears thresholds that change your legal position in each nation, the help that exists before you reach them, and how to open the conversation with a landlord in a way that usually works.
- Difficulty
- beginner
- Time
- 12 min
- Read
- 5 min
- Safety
- warning
Short answer
Tell the landlord early and in writing, propose a specific repayment figure, and get free debt advice the same week. Check whether you can claim Universal Credit housing costs, a Discretionary Housing Payment, or your council's welfare assistance scheme. In England the mandatory arrears ground bites at three months' arrears; in Wales at roughly two months; in Scotland at three consecutive months. Never simply stop communicating.
The single thing that decides how a rent-arrears problem ends is how early it is raised. A tenant who writes in week one with a proposal is in a negotiation. A tenant who says nothing for two months is in a possession process with a mandatory ground and far less room. Landlords are also better off with a payment plan than with a court case, which is why an early, specific proposal so often works.
Safety
Step by step
- Write to the landlord in week one.Say what has happened, what you can pay now, and when you expect to be able to pay the rest. A specific number and a date is a proposal; an apology is not. Keep the email.
- Know the threshold that changes your position.England: the mandatory ground requires at least three months' arrears — or thirteen weeks where rent is weekly or fortnightly — at both the notice and the hearing. Wales: the serious arrears ground is broadly two months where rent is monthly. Scotland: three or more consecutive months. Staying below the threshold keeps the case discretionary.
- Check what you are entitled to.Universal Credit housing costs, or Housing Benefit if you are in supported or temporary accommodation. Use a free benefits calculator — a large amount of housing support goes unclaimed, particularly by people who have recently started working fewer hours.
- Ask about a Discretionary Housing Payment.Councils in England, Wales and Scotland administer a fund to top up housing support where there is a shortfall. Northern Ireland has an equivalent through the Housing Executive. It is a short application and it is under-used.
- Get free debt advice the same week.StepChange, National Debtline and Citizens Advice are free, confidential and will not contact your landlord. They can also tell you which debts to prioritise — rent is a priority debt and comes ahead of credit cards.
- Ask for managed payments if you are on Universal Credit.Housing costs can be paid directly to the landlord, and arrears can be deducted and paid across at a set rate. Landlords very often accept a payment plan on that basis because it is reliable.
- Keep every payment traceable.Pay by standing order or bank transfer with a reference, never cash without a receipt. Arrears disputes are frequently about the figure, and your bank statements are the record.
- Ask for a full rent statement in writing.Landlord arithmetic is often wrong, particularly where the rent day and the payment day differ. Reconcile their figure against your statements before agreeing to anything.
- In Scotland, hold them to the pre-action requirements.Before raising an arrears case the landlord must give you information, make reasonable efforts to agree a repayment arrangement, and have reasonable regard to your circumstances including benefit delays. Failure to do so is directly relevant to whether the tribunal thinks eviction is reasonable.
- Approach the council before you get a notice.Councils have homelessness prevention duties that are far more useful early than late, and they can sometimes clear arrears to prevent an eviction because it is cheaper than housing you afterwards.
- Never ignore court or tribunal papers.A hearing decided without you is the worst outcome available. Duty advisers are free at court, and a written response beforehand is better still.
Tips
- Make a small payment every month even if you cannot pay the full rent. Continuous partial payment is powerful evidence at a hearing.
- Run a free benefits calculator even if you are working. Housing support goes unclaimed most often by people who assume they earn too much.
- Ask the council's housing options team what they can do the week the problem starts. Prevention money is real and it runs out.
Common mistakes
- Waiting until the arrears are serious before saying anything — The thresholds that convert a discretionary case into a mandatory one arrive faster than people expect, and after that the landlord no longer needs the judge's discretion.
- Paying credit cards before rent — Rent is a priority debt because the consequence is losing your home. Free debt advisers will help you put the order right.
If it doesn't work
The landlord will not agree a payment plan
Cause: They may not trust the proposal or may want possession — Fix: Put a specific written offer on record with dates and amounts, and start paying it whether or not they agree. A tenant paying an offered plan is in a very different position at a hearing from one who is not.
Your benefit has been delayed
Cause: A common cause of arrears that is not your fault — Fix: Keep the evidence of the claim and the delay, tell the landlord in writing immediately, ask for an advance payment, and apply for a Discretionary Housing Payment.
The arrears figure does not match your records
Cause: Misallocated payments or a rent day mismatch — Fix: Ask for a full statement and reconcile against bank statements line by line. Do not sign or agree to a figure you have not checked.
Questions people ask
Can I withhold rent because of disrepair?
Withholding rent is legally risky and creates arrears that can be used against you. There is a distinct process — repairs in lieu of rent — with strict requirements. Get advice from Shelter or Citizens Advice before withholding anything.
Will arrears go on my credit file?
Rent arrears are not usually reported to credit reference agencies by a private landlord, but a county court judgment for them is recorded and is visible for six years. That is one more reason to settle before it reaches court.
Can my guarantor be pursued?
Yes, if there is a guarantee agreement. Guarantors are commonly liable for the whole of the rent and sometimes for the whole term. Tell your guarantor early rather than letting them find out from a demand.
What if I share with others on a joint tenancy?
Joint tenants are usually jointly and severally liable, meaning each of you can be pursued for all of the rent, not just your share. Deal with a housemate's non-payment immediately because it is legally your problem too.