Managing Rent Arrears During Long Term Sickness in Wales

Long-term sickness can make it difficult for a renter to keep up with payments, communicate with a landlord or deal with eviction worries. If you rent in Wales, acting early can help you protect your home while you explore benefits, sick pay, payment arrangements and local support. Rent arrears do not automatically mean you will lose your home, but ignoring letters or court documents can make the situation harder to resolve. This guide explains practical steps for tenants and contract-holders, how disability or mental health conditions may affect the support you need, which official forms may help, and where to obtain housing advice. Keep copies of your agreement, rent records and medical or benefits evidence, and ask for reasonable communication adjustments if your illness makes ordinary contact difficult.

Act quickly when rent is becoming unaffordable

Contact your landlord, agent or housing association as soon as you think you may miss a payment. You do not have to disclose every medical detail, but explaining that long-term sickness is affecting your income can help the other side understand why you need time or an affordable plan. Ask for important messages in a format you can manage, such as email, large print or communication through a nominated person.

• Contact the landlord or agent before the next rent payment is due and explain what you can realistically pay.
• Offer a written payment plan showing the regular rent, the amount toward arrears and the payment date.
• Keep records of every payment, message, letter and agreed change to the payment plan.
• Do not ignore a possession notice, court claim or hearing date, even if discussions with the landlord are continuing.

Check income, benefits and essential outgoings

Long-term sickness may reduce wages or stop work altogether. Check whether you can claim Statutory Sick Pay, Employment and Support Allowance, Universal Credit, Personal Independence Payment or other support that fits your circumstances. A local authority can also assess whether you are threatened with homelessness. Ask for a benefits review and include rent, energy, food, travel, medication and care costs in your budget.

If deductions or delays have caused the arrears, keep evidence such as payslips, benefit decisions, bank statements and correspondence. If you receive Universal Credit, you may be able to request an Alternative Payment Arrangement in suitable cases, including direct payment of the housing element to the landlord. This does not cancel arrears, so continue discussing a sustainable repayment amount.

Understand protection for disabled or vulnerable renters

A physical or mental impairment may meet the legal definition of disability, but the assessment depends on how substantially and how long it affects ordinary activities. The Equality Act 2010 can protect disabled tenants and contract-holders from discrimination. Depending on the circumstances, a landlord or agent may need to consider reasonable adjustments to communication or policies, although this does not usually remove the obligation to pay rent.

Explain the practical effect of your condition rather than sharing unnecessary confidential information. For example, you might request extra time to respond, a quiet appointment, written communication or contact through an advocate. Ask the landlord to confirm any adjustment in writing. If you need support to understand a notice, seek independent housing or welfare advice promptly.

Review the tenancy or occupation contract and notices

Most people who moved into a Welsh home under the Renting Homes (Wales) system have an occupation contract rather than an old-style tenancy agreement. Your written statement should identify the rent, payment date, landlord or community landlord and the terms applying to possession. Some older arrangements can have different rules, so obtain advice if you are unsure which legal regime applies.

Wales has its own possession rules under the Renting Homes (Wales) Act 2016. A landlord must generally use the correct notice and procedure, and a court decides whether possession can be granted where court action is required. The Housing Act 1988 and the Rent Act 1977 remain important UK housing legislation, particularly for certain historic or other England-and-Wales tenancy arrangements, but they do not replace the Welsh occupation-contract rules for most modern Welsh lets.

• Check the notice date, the reason given, the address, the name of the landlord and the deadline for responding.
• Compare the rent claimed with your receipts, bank statements and any benefit payments made toward housing costs.
• Ask an adviser to check whether the notice and arrears calculation appear correct.

Official forms that may be relevant

Forms do not replace legal advice, and the correct document depends on the stage of the problem. Use the current official version and follow the instructions carefully.

Form N244: application notice

Form N244 is used in civil court proceedings to ask the court to make an order, for example to vary a procedural direction or seek a decision about an application. It is not a general form for cancelling rent arrears. If you receive a possession claim and illness means you cannot attend or respond normally, an adviser can explain whether N244 is appropriate and what evidence to attach, such as medical or hospital information.

Form EX160: help with court fees

Form EX160 is the application for help with fees. A tenant or contract-holder with low income or certain benefits may use it when a court application requires a fee. For example, if an adviser confirms that you need to make a court application about a possession case, ask whether EX160 can reduce or remove the fee, and submit the form with the application if the guidance requires it.

Homelessness assistance application

There is not one universal Wales-wide tenant form for a homelessness approach. Contact the housing options or homelessness service at your local authority and ask how to make an application. Tell the council that you are threatened with homelessness, explain your health needs and provide the notice, rent account and evidence of income. Ask for an accessible format or help completing the council's process if sickness makes forms difficult.

What to do if court action starts

Read the claim or hearing notice immediately and seek advice before the deadline. Prepare a short explanation of why the arrears arose, what you can pay now, what benefit or income action is underway and how you will maintain future rent. Take evidence of payments, communications, medical impact and any proposed repayment plan. If a hearing is difficult because of your condition, contact the court promptly to ask about adjustments; do not assume the hearing will be postponed.

The Residential Property Tribunal Wales deals with certain residential property disputes, but ordinary rent-arrears possession claims are generally dealt with by the county court. The tribunal may be relevant to specific housing disputes, so check its jurisdiction before applying. A housing adviser can help identify the correct forum and any time limit.

• Attend the hearing or follow the court's instructions unless the court confirms another arrangement.
• Submit requested forms and evidence by the stated deadline.
• Tell the court about payments already made and propose an affordable way to clear the arrears.
• Do not agree to surrender the home or return keys without understanding the consequences and obtaining advice.

Repairs, health and rent arrears

If poor conditions, damp, heating failure or another repair problem is affecting your health, report it in writing and keep copies. A repair complaint does not automatically allow rent to be withheld, and stopping rent can increase arrears and possession risk. Ask the landlord to investigate, contact the local authority where appropriate and obtain medical evidence if the condition is affecting your illness.

Frequently Asked Questions

Can my landlord evict me because I am off sick?

Being off sick does not by itself decide whether possession can be granted, but rent arrears and the correct legal procedure may be relevant. Disability discrimination is unlawful, and reasonable adjustments may be appropriate, so seek advice if your health condition affects the process.

Should I stop paying rent while I dispute the arrears?

Usually you should continue paying the rent you genuinely owe if possible and challenge errors with evidence. Withholding rent can increase arrears, so obtain specialist advice before doing so.

Can I ask for more time because of my illness?

You can ask the landlord, tribunal or court for a reasonable communication or procedural adjustment and explain how your condition affects you. Make the request promptly and provide suitable supporting evidence.

Where can I get help in Wales?

Contact your local authority housing options service, Shelter Cymru or Citizens Advice Cymru, and ask for urgent advice if you have received a possession notice or court papers.

How-To

1. Contact the landlord or agent promptly and explain the sickness-related change in your finances.
2. Gather the agreement or written statement, rent records, benefit evidence, bank statements and relevant medical information.
3. Prepare an affordable payment proposal that covers ongoing rent and a realistic amount toward arrears.
4. Read every notice or court document and submit any required response or application before its deadline.
5. Ask the local authority and an independent adviser for help if you are threatened with homelessness or cannot manage the process.

Help and Support / Resources

• Welsh Government housing information and guidance
• Residential Property Tribunal Wales
• Shelter Cymru housing advice
• Citizens Advice Cymru housing advice

---

1. [1] Renting Homes (Wales) Act 2016
2. [2] Form N244: application notice
3. [3] Form EX160 and help with court fees
4. [4] Equality Act 2010
5. [5] Homelessness help from a local council