Can I get evicted for my rent arrears?

[eltonlonng]

I've lived in my house now for a year.
At the minute I'm receiving Universal Credit.
Universal credit gets paid in arrears and my housing association are saying I need to be 1 month in credit.
I pay my rent on time every month but it's impossible for me to be a month in credit.
I've explained that UC pays In arrears
They have said I need to pay a extra £40 a month so I can eventually be in credit.
I literally can't afford it.
Can they evict me because i am not 1 month in credit?
Im worried sick.

you really need to get in touch with citizens advice bureau, they know all the ins and outs of u.c / rent etc. I don't think that they can actually do this under the circumstances but you really need true legal advice. good luck

Thankyou
It's such a worry
I don't understand why they want or need their tenants to be 1 month in credit especially when the actual rent gets paid on time every month

It may be worth clarifying what they mean by "in credit". It's normal (and expected) to pay the rent on or before the start of the month (so you would pay on 31 March or 1 April to cover the rent for April for example). This may be what they mean rather than them wanting you to have a full month in hand. If you're paying at the end of April to cover the rent for April then you are paying late every month.

No they want a month in credit.
I'm on the housing association complaints page and they asking them same for everyone.
I was told they want me to be showing as £400 in credit at all times.
(£400 is my monthly rent )

My UC goes in on the 29 th of the month ..there's no other way for me to pay my rent...except to wait for my UC payment and pay it.

Have you asked to speak to their financial advisor?

I've spoken with their money management team at the HA and they've basically said the same thing
We need our tenants a month in credit at all times

Are you an assured tenant? Or still in the first 12 months.

Bottom line is if assured then no they can't evict you if rent is regularly getting paid.

Maybe try and put a pound or two into the rent account to show you are trying to get ahead but its unreasonable of them to expect you to be 400 in credit in each month!

Yeah I'm a assured tenant now.

I've been at this property a year gone March

I know with private letting the landlord needs to serve you with a section 21 to evict you. They can’t serve a section 21 for non payment of rent until you’ve missed at least 2 payments, so you should be ok. Saying that I don’t really understand what contract you have in your situation. It could be that they refuse to renew your contract if you’re not paying on time

No court would award an order for possession on this basis.

I'd suggest, if you can, trying to make an agreement to pay a small extra amount each month to "catch up" to show willing. If you can't, well try not to worry.

They won’t evict on this. Not got a static month in arrears. However if your tenancy actually states you need to be a month in credit then you need to start a payment payment to do so. £16 a month was standard when I used to set this up.

£40 would he totally too high considering the standard element of UC. That’s 12.5% roughly of the over 25s single persons element

Contact them and say you can't afford £40 a month but you can afford (whatever amount) and set up a direct debit for the date you get your UC.
They won't evict you.

You won’t be evicted for it. The reason they want you to be in credit is if there is an issue with UC not being paid, or stopped for any reason or changed then you will have a buffer. So you won’t immediately fall into arrears. I would make sure you are getting everything you should be benefits wise- have a look at entitled to.org. I would also try and pay a token amount extra, say £2 or £5 if you can afford it so they can see you are trying to get into credit. Hope that helps

You won't be evicted but try and work with them as it's entirely normal for people to pay rent in advance rather than arrears, otherwise you could disappear and owe them money.

You could certainly offer to pay a lot less than the £40 they want and they'll probably accept it if they can see you're trying.

Something like this happened with a tenant of mine on universal benefit and council stepped in and paid that money so I think it’s worth approaching your local council this was the London council by the way

The council have a discretionary housing fund for this kind of thing. They can pay that amount if it will prevent eviction/homelessness, usually just a one off payment. My council paid discretionary money for me when I had to pay in advance on a low income and legacy benefits , I haven't tried since moving onto UC but I know others who have had it

So when the UC goes in on the 29th, do you pay over to them the amount needed to cover rent for the 1st of the following month?

They really cannot ask much more than this from you. You absoloutley will not be evicted for this - I guarantee there will be tenants on their books with 6months plus arrears who aren't even being evicted.

Get it in writing and make a one off application for a Discretionary Housing Payment www.gov.uk/government/publications/claiming-discretionary-housing-payments

Sorry, it’s still not clear to me if you’re paying for the months rent before that month starts or you’re paying afterwards.

When my rent goes on every month I pay
My weekly rent amount x52 divide by 12
Thats all I can do
The universal credit is how I pay my rent
Until they pay me on that day I have no other way to pay my rent

I got the property and on the 29th I paid my months rent ..then the 29th I pay my rent again etc etc
The uc pays in arrears

Ah ok - so you are paying late. That's their issue then.