Introduction

 

It is your responsibility to keep your rent account up to date, even if your rent is paid by Housing Benefit

This page tells you how will deal with tenants who fall behind with their rent, and what you can do to avoid this

We treat rent arrears very seriously. While every consideration is given to people who are having genuine difficulty, our first priority is to collect all rent due so we can provide the services you need

We view eviction as a last resort and would rather help tenants to keep their homes; however we must collect all rent due. This means that when all else fails we do evict tenants who have not paid their rent. If you are evicted for rent arrears, we (or the council) will not usually have a duty to re-house you, even if you have a family, unless there are mitigating circumstances

For further details see our evictions page

If we take legal proceedings against you to recover your rent payments you may be liable for court costs. If recovery proceedings result in a County Court Judgement against your name it will affect your ability to get credit or a loan. Rent arrears may also prevent a transfer, mutual exchange, or right to buy application

What causes rent arrears?

Rent arrears are caused by:

What you MUST do if you have rent arrears?

You need to pay the arrears as quickly as possible, ideally in one payment, to clear the whole amount

If you cannot do this, please Contact your Housing Team. You will be able to talk to your Operations Officer, who will give you advice and try to help find a way to solve the problem. If you do have problems, it is important that you keep us informed. You may be entitled to help with your rent through a claim for housing benefit - See Information on claiming Housing Benefit

You can also get advice from a local advice agency

 

What you MUST NOT do if you have rent arrears?

Do not ignore the problem – ignoring the problem will not make it go away. Ignoring your arrears may result in you facing legal action, court costs or even losing your home

Don't ignore any letters from us. Please contact us as soon as possible to talk to your Housing Team, who will give you advice and try to help find a way to solve the problem

What will Tung Sing do if I do not clear my arrears?

We will contact you to discuss your arrears, arrange payment and resolve any other problems

If this action is not successful we will serve a ‘notice of seeking possession’ if you are a secure tenant. This is a legal notice telling you that we intend to take legal action if you do not pay your arrears

If this is still not successful, we will then apply to court to have you evicted. For more information about this, see our evictions page

If you are a probationary tenant we will serve a ‘notice of possession proceedings’

What should you do if you think there is a mistake on your rent account?

If you think there has been a mistake, you should Contact your Housing Team

We will be able to examine your rent account and sort out any problems

If a payment made by you is not showing on your account, you will need to bring (or send) your receipt to the office so we can ensure that the correct amount is put onto your account

What should you do if you are in arrears, but you are waiting for housing benefit to be paid?

If you are waiting for housing benefit to be paid, you should Contact your Housing Team

Housing benefit claims should be sorted out within four weeks of the housing benefit office receiving your claim form

We may be able to calculate whether you will be entitled to housing benefit

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 does not pay for water rates, even if it is included in your rent - you will still have to pay that portion of the rent (plus, where appropriate, charges for garages, car spaces and home insurance) yourself. See information on Claiming Housing Benefit

What happens if I am a joint tenant and one of us leaves the property?

As joint tenants, you are all responsible for the property and for the payment of rent. If one of you leaves the property, the remaining tenant(s) must pay the full rent. If this happens, you should tell your Housing Team. If you receive housing benefit, you should also contact the housing benefit section

Former tenant arrears

If there are arrears at the end of a tenancy, we will continue to pursue these

If you are a former tenant in arrears, it is important that you contact us to discuss these issues, so that a mutually convenient solution can be negotiated

If clearing the debt in a single payment is not possible, we could negotiate repayment by instalments

As a last resort, we will summons the former tenant to court to get an ‘order for payment’. The addition of court costs makes this an expensive option for the former tenant