Welfare Rights factsheet - Housing Problems

 

Information about your rights when faced with rent arrears and eviction

Please note: before seeking advice you should approach your own landlord with any queries, such as requests for re-housing or reporting repairs.

Rent arrears


Probably the most common problem facing tenants is not having enough money to pay their rent. Sometimes this is due to a failure to claim the correct amount of benefit.

Social Work Services and Glasgow Housing Association work together with tenants to reduce rent arrears and prevent evictions.

If you are in rented accommodation and need advice about benefits or advice on how you can reduce your rent arrears make an appointment at your local social work office.

If you have a number of other debts on top of the rent you owe you should consider contacting a money advice centre. The staff there can help you claim benefits you may be entitled to as well as arranging agreements with your creditors to repay your debts at acceptable payment levels.

 

 


Housing benefit


Many low-income households will qualify for some help through the housing benefit scheme. It is important that claims are made as soon as possible as benefit can only be backdated if there is a good reason for not claiming sooner. Being unaware of entitlement to benefit will not be considered a good reason for not claiming earlier.

 


Renewal claims


Housing benefit is only awarded for a fixed period and a renewal claim form will be sent out each year (this will not apply to pensioners from October 2003). It is important to complete and return these forms promptly as a delay could mean that you end up with rent arrears.

 


Other adults living in the house


Where there are other adults, excluding your partner, living in the house there may be a reduction in the amount of housing benefit you qualify for. This is referred to as a non-dependent deduction.

 

Change in your circumstances


If someone comes to live in your house, or a child becomes 18 years old you should notify the housing benefit office. It is important to notify changes as soon as possible as any delay may result in an overpayment of benefit that you will be expected to repay.

 


Reviews and appeals


If you are unhappy with a decision regarding your housing benefit you may be able to challenge the decision. For more information see our factsheet How to appeal benefit decisions.

 

 
Evictions


If at any time you are threatened with eviction it is important to get advice as soon as possible. If your landlord intends to evict you from your home they are required to advise you of their intention to raise eviction proceedings. The landlord will then have to obtain a decree from the Sheriff Court.

Even after a decree has been granted it is sometimes possible to have the matter brought back into Court and the decision changed. It is advisable to get legal representation in Court. If you receive income support or you are on a low-income you may be entitled to legal aid to employ a solicitor to act on your behalf.

 


Repairs and dampness


All landlords are under a legal obligation to keep their properties wind and watertight. Many landlords will also wish to keep their property in good repair. You should report any repairs or dampness to your landlord as soon as possible.

Tenants of private landlords who have had their belongings damaged or health affected by dampness may be entitled to compensation but will need to take legal advice.

Tenants of housing associations may find that their landlords operate a scheme to compensate tenants for losses arising through dampness in their home.

 


Homelessness


If you are homeless or likely to become homeless then Glasgow City Council may be able to assist you to find accommodation. This assistance may take the form of simple advice, temporary accommodation or, in some cases, permanent accommodation.

Please see our factsheet Homeless or at risk of homelessness.

 

Further advice


Specialist advice on more complex matters can be obtained from the following agencies:

 

Shelter
53 St Vincent Crescent
Glasgow
G3 8NQ
Phone: 0141 221 8995 (Advice Line)

 

Legal Services Agency Ltd
3rd Floor Fleming House
134 Renfrew Street
Glasgow
G3 6ST
Phone: 0141 353 3354

 

East End Community Law Centre
1018 Tollcross Road
Glasgow
G32 8UW
Phone: 0141 778 8887 (East End residents only)

 

Drumchapel Law & Money Advice
Centre Unit 28
42 Dalsetter Avenue
Glasgow G15 8TE
Phone: 0141 944 0507 (Drumchapel residents only)

 

Castlemilk Law Centre
30/32 Dougrie Drive
Glasgow
G45 9AD
Phone: 0141 634 0313 (Castlemilk residents only)

 

Govan Law Centre
47 Burleigh Street
Glasgow
G51 3LB
Phone: 0141 440 1687 (Govan residents only)

 

Ethnic Minorities Law Centre
41 St. Vincent Place
Glasgow
G1 2ER
Phone: 0141 204 2888

 

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