|
The Housing Executive can evict you if you have rent arrears. The Housing Executive will usually try to recover the money you owe before evicting you.
The Housing Executive must get a court order before evicting you. Get advice as soon as possible if you have rent arrears.
Dealing with debt
It can be difficult dealing with a rent problem. You must plan a solution if you are in debt. If you owe rent you should:
It is possible to negotiate with the Housing Executive, especially if you owe less than £200. Contact Housing Rights Service, an independent advice agency or Citizens Advice Bureau to speak with an adviser.
Back to top
Who is responsible for paying the arrears?
If you are a sole tenant you will be responsible for paying the arrears. Your partner will usually only be responsible for paying the arrears if you are joint tenants.
Back to top
Types of arrears
The Housing Executive has different procedures depending on:
- the type of debt,
- how much you owe.
Procedure for static arrears
If you have had rent problems in the past but the arrears are not getting any bigger you have 'static arrears'. The Housing Executive will try to recover the money by voluntary payments, then compulsory payments.
The Housing Executive can apply to the magistrate's court to get the money back from you. The Housing Executive will not try to evict you if you have static arrears.
Procedure for current arrears
If you are not paying your rent you have 'current arrears'. The Housing Executive will try to recover the money by voluntary payments, then compulsory payments.
If you owe more than £200 and are working the Housing Executive will go to court to:
- recover the money you owe,
- evict you from your accommodation.
Get advice if your arrears are close to £200. An adviser can help you work out your options.
Back to top
How does the Housing Executive get back the rent arrears?
The procedure the Housing Executive takes to recover the rent arrears depends on:
- how much you owe
- the type of debt, and
- your personal circumstances.
The Housing Executive can get back the rent arrears by:
Back to top
Will the Housing Executive evict me?
The Housing Executive can evict you if you don't pay your rent. The Housing Executive will usually try to get back the money you owe instead of starting legal proceedings .
The Housing Executive can go to:
- magistrate's court to get the rent you owe,
- county court to evict you and repossess the property.
It is very important that you appear in court to present your case.
If the county court decides that you do owe the money it can:
- give your home to the Housing Executive after 28 days,
- tell you to work out a repayment strategy with the Housing Executive to repay the debt.
If you don't adhere to the terms of your repayment strategy the Housing Executive can repossess your home.
Back to top
I am in rent arrears because of problems with my housing benefit
Contact the Housing Executive if you have rent arrears because your housing benefit hasn't been paid. Your housing benefit may be delayed for a number of reasons:
- backlogs at the housing benefit office
- the Housing Executive hasn't got all the information it needs to assess your claim.
If you have provided all the information you've been asked for you can ask for an interim payment 14 days after you put in your claim. You should request this in writing and keep a copy of the letter.
Back to top
Can the Housing Executive 'write off' my arrears?
The Housing Executive can write off arrears in certain circumstances. For example:
- the Housing Executive hasn't proved the debt in court,
- the debtor is dead and there is nobody to take on responsibility for the debt,
- the debtor cannot be traced,
- it won't be cost effective to recover the arrears,
- the arrears are less than £100 and previous voluntary attempts have failed,
- the debtor has been sentenced to over 5 years in prison.
Back to top
|
going to court
