If you have several debts, you can contact the Citizens Advice Bureau on their website for advice or an appointment to help you make arrangements with your creditors.
Mortgage and rent payments are priority debts and should always be paid first. If you are having problems, there are a number of services and schemes that can help.
The most important thing to do is to take action as soon as possible and not ignore any problems you may have.
Problems paying your rent
We take a firm but fair approach to those who do not pay.
If you are having problems, contact the housing management team to discuss your account over the phone, or we can arrange to visit you at home or in one of our community offices. It is often possible to arrange to pay your arrears by instalments. If you keep to an arrangement like this, no further action will be taken.
Benefits
Many people do not realise that they can claim Housing Benefit or Universal Credit. You can contact the Citizens Advice Bureau on their website for a welfare benefit check. Our benefits calculator could also help.
If you are currently in receipt of Universal Credit, it is your responsibility to update your Universal Credit application regarding the 7% rent increase from 1 April 2023. You will have received a letter confirming your new rent charge and it is your responsibility to ensure that these details match the information held on your Universal Credit claim. Failure to update this information may mean you fail your Universal Credit verification and your housing costs may not be paid.
If you can pay, but do not
We take every step needed to recover rent from tenants who don’t have a genuine reason for their arrears.
We send letters to all tenants who fall behind with payments. Do not ignore them. If you are a secure tenant and you do not clear the arrears or speak to your housing management officer straight away to make a suitable repayment arrangement, we will serve you with a notice seeking possession.
This stays in place for a year. It can be renewed if there are still arrears on your account. Four weeks after the notice is served, if you have failed to make and maintain a repayment arrangement or clear the arrears in full, we may apply to court for a possession order. You will have to pay court costs if this happens.
If you are an introductory tenant you will be served with a notice of possession proceedings. You do not have the same rights as a secure tenant and it is a lot easier for us to gain possession of your home if you do not pay your rent.
We will continue to write to you and visit you to try to discuss your arrears. It is also very important that you make contact with your housing management officer. You will receive confirmation of the county court hearing date in writing. It is very important that you attend as you'll need to explain to the judge why you haven't made your payments.
If you make an offer to make payments by instalments, and you are a secure tenant, the court may agree to adjourn your case. This will stay in force until all the arrears are paid in full.
If you do not make an arrangement to repay your arrears, or you default on the agreement made at the county court, we will request another hearing or ask for outright possession of your home. This is called an eviction warrant. This warrant gives us the right to send a bailiff to evict you from your home.
If you are an introductory tenant, the court will automatically give us possession of your home as you have no security of tenure.
If you are evicted
We will continue to take action to recover the amount owed. If you contact us because you are homeless due to non-payment of rent, you may be considered to have made yourself homeless intentionally and wouldn't be entitled to alternative permanent council accommodation.
Organisations and schemes
In the Richmondshire area, the following organisations and schemes could help if you are facing debt problems.
Citizens Advice Bureau
The National Debtline
The National Debtline offers free, confidential and independent advice. Visit the National Debtline website or call them on 0808 808 4000. Calls are free.
Breathing Space scheme
As of 4 May 2021, a new statutory Breathing Space scheme can assist people in financial difficulties to find sustainable solutions by seeking professional debt advice. This scheme is designed to give people with debt problems the right to legal protection from creditors for a limited period of time.
To be eligible for Breathing Space you cannot, or it is unlikely that you will be able to, repay all or some of your debt. If this is the case, you can then apply for one of two schemes. These are:
- standard Breathing Space
- mental health crisis Breathing Space
Standard Breathing Space
To be eligible for the standard Breathing Space, you must:
- be an individual
- owe a qualifying debt to a creditor
- live or usually reside in England or Wales
- not have a debt relief order, an individual voluntary arrangement, or be undischarged bankrupt at the time you apply
- not already have a Breathing Space or have had a standard Breathing Space in the last 12 months at the time you apply
Mental health crisis Breathing Space
To be eligible for the mental health crisis Breathing Space, you must meet the same criteria as the standard Breathing Space. However, if an approved mental health professional can certify that you are receiving mental health crisis treatment, you may be eligible for stronger protections under the mental health crisis Breathing Space. This includes the right to Breathing Space without the requirement to seek professional debt advice.
If you are eligible for the standard Breathing Space, you will be provided with legal protection from creditors actions/fees for up to 60 days. If you are eligible for the mental health crisis Breathing Space, you will be provided with legal protection for as long as you are receiving mental health crisis treatment, plus a further 30 days. This applies no matter how long the mental health treatment lasts.
Apply
To start a Breathing Space application, you must contact a debt advice provider who is authorised by the Financial Conduct Authority. This includes agencies such as:
- Citizens Advice - call 0808 278 7900
- Money Advice Service - call 0800 138 7777
- StepChange Debt Charity - call 0800 138 1111
- National Debtline - call 0808 808 4000
If you are evicted
We will continue to take action to recover the amount owed. If you contact us because you are homeless due to non-payment of rent, you may be considered to have made yourself homeless intentionally and wouldn't be entitled to alternative permanent council accommodation.