Rent arrears Why are these a priority? Rent arrears are a priority debt because you could lose your home if you do not pay them. What can I do? Your right to stay in your home and how your landlord should treat you depends on the type of tenancy you have. Each type gives you different rights. For example, it is usually easier for a private landlord to evict you from your home than it would be for a council landlord. Immigration status There are different rules if you live in England and are being asked to leave your home because of your immigration status. Contact us for advice. You will also need specialist immigration advice. Go to www.gov.uk and search for ‘Find an immigration adviser’. If you live in England and are unsure what type of tenancy you have, use Shelter’s Tenancy rights checker. Go to www.shelter.org.uk, or call Shelter on 0808 800 4444. If you live in Wales, call Shelter Cymru on 0345 075 5005. Get a breakdown of your rent account from your landlord. It is important to check that all rent payments have been added to your account. This is because with some tenancies, the amount of arrears can affect your right to stay in your home. Use the Summary budget for creditors to make an affordable offer towards the arrears. Keep paying your normal rent. If you can’t afford the full monthly payment, pay what you can. If you rent your home from a social landlord (such as the council or a housing association), your landlord must follow the 'pre-action protocol for possession' by social landlords. This means that they should make reasonable efforts to try and come to an arrangement with you before starting any action in the court to take possession of your home. Page 54
