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What if i get in arrears?
What if i can't pay my rent?
Your rent is used to pay for the costs of repairing, improving and managing your home. If we don’t get the rent that is due we can’t meet our obligations to you, so paying your rent is important.
If you do experience difficulties in finding the money to pay your rent, it is important that you contact Dales Housing as soon as possible. You are also welcome to talk to our Money Advisor who will help you prioritise your budget, and assist you in maximising your income in terms of housing benefit and other types of benefits which you may be entitled to. We have many ways of helping you maintain your budget and it is better that we work together to resolve any problems you have, before arrears begin to occur.
Talk to us, we want to assist you wherever possible but we can only assist you if we are aware of your circumstances – Don’t Bury Your Head in the Sand!, click here to contact us.
If however, you do not pay your rent and have not contacted us to help resolve the matter, the following arrears recovery procedure will commence:
- Letter 1 – This is the first action taken when you are one week in arrears and there has been no contact from you.
- Letter 2 – This is sent when you are between one and three weeks in arrears and there has been no response from previous letter 1.
- Agreement Letter – This is sent when a formal agreement has been made to reduce the arrears by weekly or monthly installments in addition to the current rent. All repayment agreements will be realistic and appropriate and can be changed to reflect changes in your household’s income or circumstances.
- Notice of Seeking Possession – If you do not arrange to pay off your arrears or do not keep to repayment agreements already made we will issues a Notice of Seeking Possession. This is the first stage in the legal process for repossession. After four weeks we can apply to the Court to gain possession of your home.
At court we can ask for either:
- Suspended Possession – This means you will not lose your home as long as you keep to the conditions made by the court (such as paying current rent and an agreed amount of your arrears each week/month). If you fail to follow the Courts’ instructions you will be evicted and will lose your home.
- Immediate Possession – This means you will have to give up your home on a date decided by the Court. If you do not leave by that time, we can apply to the Court Bailiff who will evict you.
- If we are granted a Suspended or Immediate Possession order, this will be recorded by the Court as a judgement against you and could prevent you from obtaining loans, credit or mortgages in the future. If you are evicted the debt must be paid in full before you apply to the Courts to have the Order lifted.
We would always hope that such serious actions would be avoided by a successful informal arrangement. Our housing officers can provide help and advice in arrears cases and tenants should feel able to discuss the situation with them in confidence.
You may be able to get Legal Aid in order to appoint a solicitor should you be summoned to court.
Dales Housing Limited. Registered Office - 1700 Solihull Parkway, Birmingham Business Park, Solihull, B37 7YD
Company Registered in England, Number 4201820. VAT Registration Number 917 941 988. Registered with the HCA.