How to avoid problems with rent or mortgage arrears

FOR the past month I’ve been campaigning with Resolver and other consumer rights specialists to extend the Government’s ban on evictions.

Many people may find themselves facing a perfect storm as redundancies are announced, payment holidays end and Government support expires.

Both Scotland and Northern Ireland have recognised this and extended the ban on evictions to 2021. Britain and Wales currently still face losing this vital protection.

The ban ends on August 23, but there’s no reason it can’t be re-introduced – so write to your MP!

In the meantime, here’s my guide for people worried about landlord and tenant disputes.

HOW DOES EVICTION WORK? EVICTION procedures depend on whether you are a private or a council/housing association tenant. But in brief:

■ THE landlord must give three months’ notice before applying to court.

■ EXPECT a backlog, but with emergency legislation and rules being drafted, we may see ‘fast-track’ processes to deal with disputes.

■ PRIVATE renters don’t stand much chance in court if their landlord has followed the correct process, though council or housing association tenants may be able to appeal.

■ IF your landlord got an eviction notice before the lockdown your situation is the most severe. You need urgent legal advice as bailiffs can start operating from 24 August 2020, though the landlord must still give two weeks’ notice before evicted.

Read our guide on your rights with links to the official guidance here: news.resolver.co.uk/evictions-and-whathappens-when-the-ban-ends/

Shelter has a lots of pages full of legal advice and helplines here: england.shelter.org.uk/housing_advice

What can I do if I’m worried about being evicted?

■ IF you are behind on your rent, or your contact is due to end soon, get in touch with your landlord or letting agents now so you can pre-empt what might happen later.

■ IF you’ve entered into a payment plan with your landlord or they’ve agreed to defer payments, make sure you have it in writing. If you’re worried about not being able to make payments, speak to the landlord now and see if you can agree terms and timescales.

■ UNIVERSAL Credit has had a bad rep but it’s there and essential if you’ve been made unemployed and the sooner you apply the better.

■ PAYMENT for rent goes direct to you, not your landlord, so you don’t need to tell them. However, if you’re applying to rent a property, you may need extra references and some landlords are refusing to take people on benefits.

■ IF it looks like you’ll be asked to leave or might get priced out, don’t delay, shop around now. There are some quite good deals post-lockdown but the longer you leave it, the more competition there will be.

Work out what you’ll need for a deposit and the cost of moving your stuff.

■ IF you’re in financial difficulties, speak to free debt charity StepChange for help with your creditors. They will work out what you can afford to pay and may help you free up some cash to stay afloat.

WHAT WILL HAPPEN NEXT?

THE most important thing to do is to tackle concerns about rent or mortgage arrears with your landlord or buy-to-let mortgage provider before the situation gets out of control. Don’t forget to keep things in writing so you can prove you’ve done your best.

■ GET help with a range of financial problems at Resolver for free at resolver.co.uk/