Rent Arrears and Problems Paying Your Rent

It is essential that you pay your rent. Failure to pay rent could lead to your eviction.

If you have problems in meeting your rent payments, you must contact us immediately.

Rent is Falcon Rural’s main source of income and it helps to pay for a good quality housing management and repairs service to all tenants.

This section sets out the procedures that may be adopted in situations where rent arrears occur. However, we recognise that each situation deserves to be dealt with on an individual basis and the range of procedures set out here will be applied only as appropriate.

It is a condition of your tenancy and your responsibility to ensure that rent is paid both regularly and in advance.

If this is not possible we will respond promptly to help alleviate further more serious problems and arrange for the payment of any arrears.

This section explains:

  • What we will do at the beginning of each tenancy to advise new tenants on rent payments.
  • How we will respond if rent payments are not made.
  • What action we will take to prevent rent arrears from increasing if they occur.
  • How the legal process for dealing with rent arrears works.

At all stages we will endeavour to act promptly and correctly to situations of non-payment of rent.

We will treat all information in a sensitive and confidential manner, advising you in advance of what action is proposed.

We will also give you every opportunity to discuss the matter with us or to obtain independent advice.

At the start of your tenancy  

When you start your tenancy we will help you make an initial assessment of your entitlement to housing benefit or Universal Credit. This may cover all or part of your rent. Until your claim has been assessed actual figures cannot be confirmed but we will give you an idea of how much your own contribution is likely to be.

All housing benefit payments you receive are intended to help you with rent payments so they should be paid to the Association immediately.  The portion of your Universal Credit payment that is to help with your rent should be paid to the Association immediately.

You will be advised of the various methods of paying your rent, e.g. using an Allpay card, standing order etc. Click here to go to our How To Pay Your Rent page.

We will also explain that you are able to ask for any housing benefit you may be entitled to can be paid direct to Falcon.

What happens if rent is not paid?  

If, for any reason you are unable to keep up-to-date with your rent payments you should contact us immediately.

In this situation, the most important thing you can do is COMMUNICATE WITH US!

If you do have any difficulties with paying your rent, we will arrange to visit you to discuss the situation in a sensitive manner and help you to identify the reason for the issues. We will also provide you with any relevant advice on any help, benefits etc. to which you may be entitled and refer you to specialist organisations for independent advice if you need it.

You will be expected to make an arrangement for the payment of the arrears.

Whatever the reason for non-payment of rent, it is important that once an arrangement is made for repayment it is strictly maintained. If agreements to pay rent arrears are not kept, or rent arrears continue to increase, you may force us to consider further action against you.

Housing Benefit and Universal Credit

It is possible that when you accept a property from us you will be eligible for housing benefit or Universal Credit. However, because of delays in the assessment of your application, rent arrears may accrue on your account.

We will always be sensitive to this situation but we may be forced to start legal procedures if the arrears reach a high level and it is because you have failed to supply the information you are required to provide in order to assess your entitlement.

Even if you claim, it still remains your responsibility to ensure that the rent is paid.

It is therefore really vital that you continue to chase for the payment of your housing benefit or Universal Credit and that you keep us regularly informed. This is particularly important if there is any change in your personal circumstances.

It is also your responsibility to ensure that your claim for housing benefit or Universal Credit is renewed at the appropriate time.

When your housing benefit or Universal Credit is received you must ensure that payment is made immediately into your rent account.

The Legal Procedure  

If there are arrears on your tenancy we may consider taking court action, particularly if you have not kept to a previously agreed arrangement. This may ultimately lead to your eviction.

The first step in this process involves the issuing of a Notice of Seeking Possession (NoSP). The NoSP gives you 28 days to make an arrangement to pay the arrears. If you receive a NoSP it is vital that you contact us or any independent agency for immediate advice.

The NoSP remains valid for 12 months after it has been issued and at any time during that period the Association can apply to the County Court for a hearing unless the account is clear.

You will always be notified in advance of the date of the court hearing and it is important that you attend.

We will always try and work with you to prevent Court action being taken against you, however, if you fail to communicate, work with us or pay the rent due, we WILL ask the County Court to give us a Possession Order on your home which will allow us to evict you.

This order may be suspended which will allow you to remain in your home, provided you keep to the terms of payment which the court has set. You will also have to pay the costs of any court action taken.

The Court Order will be valid until the arrears are cleared and the costs paid.

If the Court suspends the Possession Order, it is vital that you keep to the terms of the Order for the repayment of the arrears.

If you fail to pay as the Court instructed we can, without a further hearing in Court, request the Court Bailiff to take possession of the property and evict you from your home. In these circumstances, you will then have to make a Homeless application to the local authority. We will never provide you with alternative accommodation if we are forced to evict you.



You may also wish to get independent advice from a Citizens Advice Bureau, a housing aid centre or a solicitor.