Rent Arrears

We need to collect rent to pay for services. If rent arrears increase we have less money and have to make cuts to services. As a result we try to collect as much rent as possible and minimise rent arrears.

What should I do if I have rent arrears?

• In our experience, there are six main reasons why tenants fall into rent arrears. These are:
• Not contacting us as soon as there is a problem
• Ignoring any letters we send.
• Not telling Housing Benefits of any changes in their circumstances and not providing additional information Housing Benefits have asked for, on time.
• Not making regular payments towards the arrears.
• Changing any agreements to pay what is owed, rather than calling to request new ones.
• Not changing any standing orders to the correct amount.

If you have rent arrears you need to pay them as quickly as possible, ideally in one payment, to clear the whole amount. If you cannot do this, you should contact your housing officer to make an agreement to repay the money you owe.If you know you are going to have difficulty paying your rent or keeping to your agreement, you should contact us immediately as we may be able to help. If you do have problems you should keep us informed. Do not ignore your arrears and do not ignore any letters from us.

What should I do if I think there is a mistake on my rent account?

Contact your housing officer. We will be able to examine your rent account and sort out any problems. If a payment you made is not showing on your account, you will need to bring (or send) your receipt into the office so we can ensure that the correct amount is put onto your account.

What should I do if I am waiting for Housing Benefit to be paid?

If you are waiting for Housing Benefit to be paid, you should tell us. Housing Benefit claims should be assessed within four weeks of the office receiving your form.
We will not usually take legal action against you if we know you are waiting for a claim to be sorted out, and you are making payments. Remember that Housing Benefit will not cover water rates or heating charges. If these are included in your rent you will still have to pay them yourself.

Why does my rent statement show arrears when I don’t pay my rent; I’m on full or partial housing benefits?

Housing Benefit is usually paid four weeks in arrears. As your rent is charged weekly, your account will be in arrears for at least three weeks in every four. When we send the rent statements, they will state the amount outstanding at the time they are printed without taking into account what Housing Benefit may yet be due. Check the amount outstanding on the same week Housing Benefit is paid and if there is any balance outstanding please contact the Rents team.

Why am I being chased for small rent arrears when I know other people owe much, much more?

We will contact anyone who is in arrears, whatever the amount may be. We are a non-profit organisation and need the income from rent payments to be able to continue providing our services. If someone consistently fails to make payments or ensure their rent is paid, they can be subject to further action including home visits, court hearings and ultimately eviction as a very last resort. Other people who have rent arrears may well be subject to this type of action and you would not be aware of it. If you have rent arrears, large or small, you must your housing officer to make arrangements to bring your account back up to date.

I’ve received a letter stating a Notice of Seeking Possession is going to be served; does this mean I am going to lose my home?

A Notice of Seeking Possession is not an eviction notice nor does it mean you are going to lose your home. A Notice is normally served due to you having rent arrears. Once the Notice has been served to you, you have approximately 4 weeks to make an arrangement to pay the arrears (in full or in instalments) and keep to the arrangement. If the arrangement is broken, this can result in an application to court. Notices are served regardless of the reasons for arrears - whether they are due to Housing Benefit or non-payment.

What will Merton Priory Homes do if I do not clear my arrears?

If the arrears continue to rise we will start court proceedings four weeks after the Notice of Seeking Possession has been served. At court we can apply for either suspended possession order or an outright order. A suspended order means the Court will order you to pay the rent plus a certain amount off the arrears each week. Outright possession means we can apply for a warrant for possession to evict you from your home. We only evict tenants as a last resort and it is not an action we take lightly.

Can you evict me even though I have a family?

We start procedures for eviction due to serious rent arrears. We will try to help, offer advice and referrals to appropriate agencies but ultimately, if you persistently fail to pay the rent, you could lose your home. This is regardless of who lives with you or if you have a family

What should I do if I am evicted?

If you are evicted you can apply to the Council’s as homeless. However, they may argue that you chose not to pay your rent, so are “intentionally homeless” and they may have no obligation to rehouse you.

When a tenant ends their tenancy they become a former tenant. If you owe us money when your tenancy ends we will contact you to make an agreement to repay the debt. If this fails we will take legal action to get the money owed to us. Please see our Former tenant arrears section for more information

Evictions

We have a duty to collect as much rent as possible. We take all reasonable steps to try to resolve tenancy or rent arrears problems, but if all else fails we will apply to the courts to repossess a property.

The most common ground for eviction is non-payment of rent, although it is possible for tenants breaching any other aspect of their tenancy agreement to be evicted
Once a possession order is obtained from the courts any application to vary the terms of the order or to obtain a stay of execution must be made to the Court rather than Merton Priory Homes.

If tenants are facing a Possession Order, it is advisable to seek independent legal advice. Tenants can contact a solicitor directly or the local Citizens Advice Bureau can offer free advice. There is no guarantee that the Courts will not evict households with children.Merton priory Homes or other Registered Social Landlords generally do not have to re-house those who are evicted for non-payment of rent.

What happens if I am evicted?

The court will tell you the date and time that the bailiff will arrive. A representative from Merton Priory Homes will also be there. The locks of the property will be changed and any of your belongings left in the property will be stored. You will however have a specified time by which they must be collected once full payment for storage has been paid. You will have to find alternative accommodation for yourself and anyone else who is living with you.

Can I stop the eviction?

The earlier you take action or get advice the better. It is more difficult to make agreements at a late stage. Please remember, if you are having difficulties paying your rent:
*speak to your Housing Officer
*get advice, for example, from a Citizens' Advice Bureau;
*make regular payments to reduce the debt, no matter how small they are.
*you may apply for the eviction warrant to be suspended. The Court will then reconsider your case but may not agree to alter the decision.

Last modified 14/09/10