Recent discussions have highlighted advice reportedly given by Shelter during a Zoom meeting, suggesting tenants facing eviction under Section 8 for rent arrears might offer minimal payments to demonstrate an attempt to address their debts. This advice has raised questions about whether it could create a loophole affecting landlords’ ability to regain possession of their properties.

Shelter’s Advice on Minimal Payments

A landlord and local council housing worker shared that Shelter advised tenants to offer small payments, such as £20 every three months, when facing eviction due to rent arrears under Section 8. The intention behind this advice appears to be to show good faith in managing arrears and potentially reset the eviction process.

While this approach might seem like a way for tenants to delay eviction, it was explained that the eviction remains valid as long as the tenant has at least three months’ worth of arrears at the time of the court hearing. This suggests that minimal payments alone may not be sufficient to prevent eviction if significant arrears persist.

Practical Implications of the Advice

In practice, the advice to make token payments may not be effective in halting eviction proceedings. Since rent arrears typically continue to accumulate after the notice is served, the total owed by the hearing date is likely to remain above the three-month threshold required for eviction under Section 8.

Therefore, while tenants might attempt to use this strategy, landlords can still pursue possession if arrears meet the legal criteria. This underscores the importance for landlords to monitor rent payments closely and act promptly when arrears arise.

Shelter’s Official Guidance

On its website, Shelter encourages tenants to communicate with landlords as early as possible about rent arrears. It advises tenants to inform landlords when they will propose a repayment plan or what they can afford to repay each month.

However, Shelter cautions tenants against agreeing to repayment amounts they cannot realistically afford, warning that failing to make payments could worsen their situation. This balanced guidance emphasises open communication while recognising the challenges tenants face in managing arrears.

What this means for landlords

Landlords should be aware that while tenants may attempt to make minimal payments to delay eviction, the legal framework requires a minimum of three months’ arrears at the hearing for possession to be granted under Section 8. This means that token payments alone are unlikely to prevent eviction if arrears continue to accumulate.

Maintaining clear records of rent payments and arrears, and seeking timely legal advice, remain essential for landlords managing rent arrears cases. Understanding Shelter’s guidance can also help landlords anticipate tenant behaviour and prepare accordingly.

Source: Based on reporting from Property118

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