Secure tenants and rent arrears

Most tenants of local authorities are ‘secure’ tenants. As a secure tenant you have rights, for example, to get repairs done, without worrying about being evicted. As well as the right to stay in your home as long as you keep to the terms of the tenancy, you will also have other rights by law:

• to have certain repairs carried out by your landlord 
• to carry out certain repairs and to do improvements yourself 
• to sublet with your landlord’s permission 
• to take in lodgers without your landlord’s permission 
• to exchange your home with another secure tenant 
• to transfer to another landlord 
• to know the rules on allocation, transfer and exchange 
• to buy your home from the Council

Your questions answered

Below are the answers to some questions you may have about being a secure tenant.

What is an ‘secure’ tenancy?

What are ‘tenancy conditions’?

What is my responsibility as a secure tenant?

When is my rent due?

What happens if I miss a payment?

I am having difficulty paying my rent. What can I do?

What happens if I don’t clear my account?

What is a Notice of Seeking Possession?

What happens if i don't keep to an arrangement to repay any arrears?

What is Housing Benefit?

What are ‘tenancy conditions’?

Your full tenancy conditions are listed in your tenancy agreement. In summary, you must:

• Move into the property 
• Pay the rent every week without fail
• Make sure you, your family or your visitors don’t give your neighbours cause for complaint
• Give employees of Lewisham Homes and authorised contractors reasonable access to carry out inspections and repairs to the property 
• Take reasonable steps to prevent any damage to the property

What is my responsibility as a secure tenant?

If you do not pay your rent you risk losing your home.

As a tenant, you are responsible for keeping your rent payments up to date. It is vitally important you seek immediate advice from your Income Officer if you cannot make a rent payment to avoid eviction proceedings being started against you.

When is my rent due?

Rent is due every Monday. If you wish to pay your rent less frequently you must pay in advance.

What happens if I miss a payment?  

We will write to you asking you to clear your arrears. If you are unable to do this straight away you must contact your housing officer immediately for advice. 

I am having difficulty paying my rent. What can I do?

Contact your income officer immediately, who will give you advice on how you may be able to increase your income by claiming welfare benefits and managing your debts.

What happens if I don’t clear my account?

If fail to clear your arrears or contact us to discuss the reasons why this has not been possible it is likely a Notice of Seeking possession will be saved upon you.

What is a Notice of Seeking Possession?

A Notice of Seeking Possession is formal notification that Lewisham Homes intends to take legal action against you to repossess your home if you don’t clear your arrears or make an arrangement to do so.

If you receive such a notice you should meet with your income officer as soon as possible.

Income officers are trained in offering help and advice to tenants in financial difficulty. They take account of your financial circumstances and other debts and enter into an formal arrangement with you to clear your arrears within a realistic timescale. If you keep this arrangement we will not take you to court. They can also offer advice and assistance in helping you claim housing benefit and other welfare benefits that may increase your income.

What happens if I don’t keep to an arrangement to repay any arrears?

If you don’t keep to the arrangement to clear any arrears the Council is likely to start court proceedings against you. Court proceedings can only start four weeks after the Notice of Seeking Possession has been served on you. If the matter goes to court the Council is likely to:

• Seek court costs against you
• Ask for a money judgement for the outstanding arrears
• Ask for a Possession Order in respect of your property – which could lead to your eviction from your home

What is Housing Benefit?

If you are on a low income you may be entitled to Housing Benefit, which will reduce the amount of rent that you have to pay.

If you have made a claim before and not been entitled it is possible that something has changed and you may now be entitled to housing benefit. You can make a claim at any time.

You can complete a Housing Benefit form at your Housing Office or request a form by telephone on 020 8690 8444. Remember that Housing Benefit is there to help you pay your rent. It is your responsibility as the tenant to provide proof of your income and any other information required for the Housing Benefit section to assess your claim.

If you receive full Housing Benefit you will usually still have to pay your water rates, which are not covered by Housing Benefit.

If you need more advice about your tenancy or housing advice in general you can contact your housing office or any of the agencies listed.