How to prevent eviction when you are on a low income

A letter from your landlord or lender saying they want the property back is frightening, especially when you are already juggling benefits, irregular shifts or a small pension. But in the UK an eviction is a legal process with several stages, and at almost every one of them there is free help that can stop it, delay it or give you time to find somewhere safe. People on low incomes are often the least aware of these rights and the most likely to leave too early.

This guide covers the whole picture: the warning signs, your rights during the process, the payments that can clear or reduce arrears, the duties of your council, what happens in court, and only at the end, borrowing as a very last resort. If your main problem is rent you have fallen behind on but no notice has arrived yet, our guide to clearing overdue rent goes into arrears in more detail.

Act at the first warning sign

The earlier you get advice, the more options you keep. Warning signs include a letter about arrears, a formal notice from your landlord, calls from a mortgage lender's collections team, or a court claim form. Do not ignore any of them, and do not hand back the keys just because a notice has arrived: in most cases a landlord needs a court or tribunal order, and only court enforcement officers can carry out the eviction.

Free specialist housing advice is available from Shelter (England), Shelter Scotland, Shelter Cymru, Housing Rights in Northern Ireland, Citizens Advice and local law centres. Legal aid can cover advice and representation when you risk losing your home. In England, the Housing Loss Prevention Advice Service offers free legal advice early on and duty advice at court on the day of a possession hearing, whatever your income.

• Keep every letter, notice and court document, with the date you received it.
• Bring your tenancy agreement, deposit paperwork, rent statements and benefit award letters to any appointment.
• Write down what you can realistically pay towards arrears each week after essentials.
• Note any disability, health condition or caring role: it can matter for council help and in court.
• Never miss a court date or a deadline to reply to a claim form.

Know where you are in the process

The steps differ between England, Wales, Scotland and Northern Ireland, and between private, council and housing association tenancies, but the broad pattern is similar.

1. Notice: the landlord serves a written notice stating the reason and the date after which they can apply to court or tribunal.
2. Claim: in England, Wales and Northern Ireland, possession claims go to the county court; in Scotland, private tenancy evictions go to the First-tier Tribunal (Housing and Property Chamber).
3. Hearing and order: a judge or tribunal decides whether to grant possession. An order can be suspended on condition that you pay the arrears in instalments.
4. Enforcement: after a further application, enforcement officers give notice of the eviction date. Even at this stage an adviser may be able to apply to suspend it.

Check that the notice is valid

Notices must follow strict rules on format, notice period and grounds, and many contain mistakes. Private renting in England is going through major reform under the Renters' Rights Act, which ends "no-fault" section 21 evictions and changes grounds and notice periods. Because the rules that apply can depend on when a notice was served, ask a housing adviser to check yours before you act on it.

What your landlord cannot do

• Change the locks, remove your belongings or cut off gas, electricity or water to force you out.
• Threaten or harass you, or keep entering the home without notice.
• Evict you without a court or tribunal order, apart from limited exceptions such as some lodgers living with the landlord.

Illegal eviction and harassment are criminal offences. If it happens, contact your council's housing or tenancy relations team straight away and, in an emergency, the police. A housing solicitor, often through legal aid, can help you get back in and claim compensation. Our page on paying for legal advice explains how to find free or low-cost representation.

Money that can stop an eviction for arrears

Most evictions of people on low incomes start with rent or mortgage arrears. Before thinking about any loan, check the following.

Discretionary Housing Payment

Councils pay Discretionary Housing Payments to people who receive Housing Benefit or the housing element of Universal Credit and cannot cover their housing costs. They can help with a rent shortfall, sometimes with arrears, and with the costs of moving to a cheaper home. Funds are limited, so apply early and explain clearly how an eviction would affect you and your children.

Benefit checks and managed payments

A full benefits check often finds money people are not claiming, such as the housing element of Universal Credit, Council Tax Reduction or a disability benefit. If you claim Universal Credit and are in arrears, your rent can be paid directly to the landlord, which can reassure them and keep the tenancy going. Make sure any change in your rent or household has been reported, because underpayments are a common cause of arrears.

Local crisis funds and charities

Council welfare schemes in England, the Scottish Welfare Fund, the Discretionary Assistance Fund in Wales and Discretionary Support in Northern Ireland mainly help with essentials, which can free money for rent. Some charities and benevolent funds linked to a former job, trade or armed forces service also help with arrears. See our guide to hardship grants for how to approach them.

Help from the council if you may become homeless

In England and Wales, if you are likely to become homeless within 56 days, your council has a duty to take reasonable steps to help prevent it, and a valid notice expiring within that period counts. Contact the housing options or homelessness team as soon as you receive a notice; do not wait for bailiffs. In Scotland and Northern Ireland, councils and the Housing Executive also have homelessness duties, though the details differ. Some help depends on immigration status.

The council should agree a personal housing plan with you. Prevention can include negotiating with the landlord, paying towards arrears, or helping you move to another home before the eviction date. If you need to move, our pages on help with a rental deposit and moving costs explain what support exists.

If the case goes to court

Always reply to the claim form and attend the hearing, even if you think there is nothing to say. Many possession claims for arrears end with a suspended order: you stay in your home as long as you pay current rent plus an agreed amount towards the arrears. The judge will want a realistic offer, so take a simple budget showing your income and essential spending.

If you are struggling with several debts at once, the Breathing Space scheme in England and Wales can pause most creditor action and interest for a period while you get debt advice; an adviser will explain how it applies to rent arrears and court action. Scotland has its own moratorium within its debt relief system. Our guide to urgent debt repayments covers these options.

Homeowners with mortgage arrears

Lenders must treat customers in financial difficulty fairly and consider options such as a temporary reduction in payments, an extended term or adding arrears to the balance before going to court. Ask for a breakdown of what you owe and get debt advice before agreeing to anything. If you receive certain benefits, Support for Mortgage Interest may help with interest payments, but it is a loan secured on your home.

Borrowing to stop an eviction: the last resort

Taking on new debt to pay old arrears can simply move the problem, so explore all the help above first. If there is a gap that nothing else covers:

• Credit unions offer small loans at capped rates and may lend to people with a poor credit file who are members.
• Universal Credit budgeting advances are interest-free and repaid from future payments, though repayments reduce your income for months.
• Family help: if relatives can lend, agree the amount and repayment plan in writing to avoid conflict later.

Always compare the APR and the total amount repayable. Avoid high-cost short-term loans, guarantor loans and logbook loans, and never let a lender take money directly from your account without understanding the terms. Treat as scams any "lender" or "eviction specialist" who contacts you on social media, asks for a fee before paying out, or promises to stop a court case for a charge. Genuine advice from Shelter, Citizens Advice and law centres is free.