Arrears

What Happens if I Miss a Rent Payment?

If, for any reason, you miss a rent payment you should contact us immediately. You will then be able to talk to someone who deals with arrears and come to an agreement to clear the amount due thereby avoiding any further action being taken against you. It is important for you to take action as soon as possible before the arrears become more difficult for you to clear.

If you do not contact us, or fail to pay your arrears in full, we will then take action in accordance with our arrears policy. This could cause you to incur extra costs if we need to take Court action and could ultimately, although only as a last resort, lead you to lose your house. It is therefore very important that you contact us immediately and keep us informed at all times if you cannot pay the agreed amount. Officers are always pleased to offer assistance and advice.

What Steps Do the Council Take to Recover Arrears?

If you are in arrears at the end of the payment period you will receive a first reminder letter. You should contact us immediately even if you think you have paid. If you do not get in touch to find out why you have received the letter or make an arrangement to clear your arrears or pay in full, a second reminder will be sent one week later.

If you still fail to take any steps to resolve the matter, one week later we will issue a Notice of Proceedings for Recovery of Possession. Where possible and in particular situations, a visit will be made by a Housing Officer prior to the Notice being served. The service of this Notice means we can now take you to Court any time you fall into arrears within a six month period after the Notice becomes effective. The Notice is sent by recorded delivery, and if you are at home to receive it a card will be left instructing you to collect it from the Post Office. It is important that it is collected as failure to do so means we may instruct a Sheriff Officer to serve the Notice. You will be liable for the expense of this service.

A Notice of Proceedings also requires to be served on all "qualifying occupiers" of the house. A qualifying occupier is any member of the tenants family who is at least 16 years old or anyone also who is at least 16 years old who has permission of the landlord to live in the property. The tenant is required to inform the landlord of all qualifying occupiers and any changes to these occupiers.

If you have received a Notice of Proceedings it becomes even more important that you keep us informed of what your intentions are regarding clearing your arrears since failure to do so could result in your case being enrolled in Court. You would then incur the further expenses of the Court action.

If you still fail to control your arrears, as a very last resort, the Council will request that the Sheriff grant a Decree at Court. The granting of such a decree has the effect of terminating the tenancy. Once a decree has been granted there is a 14 day appeal period otherwise all members of the household will be evicted. It is only in very severe cases that this action is taken and only if there is no other alternative.

If you are evicted you may not qualify for re-housing, however you should seek advice from your local housing office Homeless Team.

Can I Get Help Paying My Rent?

If you have a low income and/or receive certain Benefits you may qualify for Housing Benefit. This is a scheme to help people who cannot afford to pay all, or a proportion of, their rent. It is open to anyone to apply whether they are older people, disabled or even those in work with a low income.

Benefit is worked out by comparing your income and your family circumstances with your rent, and if you qualify for help, your rent is reduced. If you have savings you could still qualify for Benefit.

Applications forms are available from Council offices. If you think you might qualify, get a form straight away, you have nothing to lose by applying. Do not delay as Housing Benefit cannot normally be backdated.

Further advice and assistance is available from the Council's Benefit staff.

Other Welfare Benefits

Details about other benefits such as Family Credit or Disability Benefit are available from the Department for Work and Pensions or advice agencies. These offices can also give free advice about a wide range of money matters and budgeting.