What happens if I have rent arrears?

Rent arrears are priority debts. If you have rent arrears on a property you live in, it’s important to contact the landlord or letting agency quickly to offer a way to repay what you owe. If you don’t do this, you’re at risk of eviction.

What is Part 3 of the Pre Action Protocol?

1.3 Part 3 seeks to ensure that, in cases where human rights, public law or equality law matters are or may be raised, the necessary information is before the Court at the first hearing so that issues of proportionality may be dealt with summarily, if appropriate, or that appropriate directions for trial may be given.

How many months rent arrears before eviction UK?

The court must make a possession order if your landlord can prove at least 2 months’ arrears both when you were given notice and on the date of the hearing. The court can’t order eviction on ground 8 if you owe less than 2 months’ rent. They might still order eviction on another ground.

What happens if you don’t pay rent and move out UK?

Risk of court action by the landlord Your landlord can take court action if you owe them money. They have up to 6 years to make a claim. They will need your name and address. They could find you at a later date even if you don’t give a forwarding address.

How far back can rent arrears be claimed?

6 years
In order to issue Court proceedings, claims for outstanding rent arrears may be made by landlords up to 6 years from the date that rent was first due, not the date the tenant left the property.

Who is liable for rent arrears?

Together you’ll be responsible for paying all of the arrears. If one tenant doesn’t pay their arrears, you’ll have to pay for them. If you live with other people but you all signed separate tenancy agreements, you’ll only need to pay the rent you agreed. Your rent payments will be written in your own tenancy agreement.

What should a letter before claim contain?

According to the Practice Direction on Pre-Action Conduct, the letter before claim should include the basis on which the claim is made, a summary of the facts, what the claimant wants from you, and if money, how the amount is calculated.

Can you get a CCJ for rent arrears?

Once you have an address for service landlords can issue a claim in the Small Claims Court and obtain a County Court Judgment (CCJ) for the outstanding rent arrears.

How long does it take to get a possession order UK?

Your landlord must generally have made a claim for possession in the court within 8 months of giving you the notice, if they gave you the notice on or after 1 June.

How far back can a landlord claim rent arrears?

Can I get a CCJ for rent arrears?

As you cannot evict the tenant at present, is it worth claiming the arrears as a debt? If successful, you would obtain a County Court Judgment (“CCJ”) for the arrears. Once you have a CCJ against your tenant (and the guarantor if there is one) you can consider methods of enforcement.

Can a landlord claim for possession of property based on rent arrears?

If the landlord wishes to obtain possession of the property at the end or after the end of the fixed term and does not wish to pursue any other claim, such as a claim for rent arrears, the landlord may use the “accelerated procedure”. This guidance is concerned with claim for possession of property based on rent arrears.

How do I bring a possession claim against a tenant?

If the claim is brought solely on the ground of arrears of rent, it can be started online using the possession claims online service. If you are applying to Court, you should also provide a statement setting out what knowledge you have about the effect of the coronavirus pandemic on the tenant and their dependants.

How much can a tenant pay in arrears immediately?

They suggested that they could pay approximately 80 per cent of the arrears immediately, but questioned why they should have to, pointing to the suspension on possession proceedings, meaning that it would take many months to evict them. In effect, the tenant felt that this left them in control of determining what they paid and when.

When does a landlord have to serve a possession claim form?

For possession claims issued to the court by post, the landlord must serve the claim form and particulars of claim on the tenant at least 21 days before the court hearing. The Court will fix a date for the hearing when it issues the claim form.