What happens to rent arrears in an IVA

What happens to rent arrears in an IVA

If you have rent arrears, an IVA can help. You might be able to include the debt in your Arrangement. Where this is not possible, it will help you free up the cash you need to put a suitable repayment plan in place with your landlord.

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Can your current rent arrears can be included in an IVA?

Whether or not rent arrears owed to your existing landlord can be included in an IVA depends on the type of landlord you have.

If you are renting privately, the landlord might take action to evict you if you don’t pay the arrears you owe them. Given this, it is not likely that you will be able to include these in your IVA.

By reducing your other debt payments, an IVA can free up some of your cash. This may then give you what you need to put a suitable repayment plan in place with your landlord.

Where you rent from the council or housing association, any current rent arrears you have can be included in your IVA. Providing you maintain the normal rent payments going forward and don’t get into more arrears, you are unlikely to be evicted.  

Your rent is a priority payment. When calculating what you can afford to pay into your IVA, your rent payments should always be fully covered in your living expenses budget.

Struggling to get your head round this? We can help. Give us a call (0800 011 4712) or complete the form at the bottom of the page. The advice is free and confidential.

Rent arrears from a previous property

So, arrears for the property you currently rent are kept out of the IVA. This stops you from getting evicted. However if you have arrears from a previous property then these are just another unsecured debt.

All unsecured debt you have should be included in an IVA. So previous rent arrears, however far back they go, can and will be included in your IVA. As with your other debts, once the IVA is finished the remainder of these debts will be written off.

The only situation where arrears from a previous property might block an IVA is if they are a large portion of the overall debt. For an IVA to be accepted 75% of the value of the debt has to agree to the proposal. If they do then it is legally binding on all of the creditors.

If the rent arrears from a previous property are more than 25% of the total debt and the landlord refuses, the IVA would not be accepted.

How can an IVA help you pay your rent in the future?

An IVA takes control of all of your expenditures. The budget at the heart of it ensures that all of your priority expenditures are covered; your home, food, council tax and utility bills – all accounted for. The budget even allows for the periodic expenses so you don’t get any nasty surprises.

One of the problems with spiralling debt is that priorities get confused. Not paying bank loans, credit cards or payday loans can be scary. These companies are quick to employ debt collection agencies who can feel intimidating. So what happens? They go to the front of the pile and they get paid first.

What next – you run out of money and start to use your credit cards for normal living costs. Rent and mortgage payments move further down the queue when in reality the should be at the top!

An IVA allows you to take control of your finances. If you follow the budget it will ensure that you can not only pay your rent on time every month, but all your other bills and living costs too.

Get started with your IVA application. Give us a call (0800 011 4712) complete the form at the bottom of this page. Our advice is free and confidential.

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8 thoughts on “What happens to rent arrears in an IVA

    Odette says:

    Hi I’m currently being helped by CAP. But it’s slow. Can an iva be used for large rent arrears in a housing association house

      Hi Odette

      Yes, it should be possible to include social housing rent arrears in an IVA. I would be happy to assist you with this if you wish. Just give me a call and we can have a chat (0800 011 4712). The advice is free and without obligation.

    Tracey F says:

    Hi I am in a iva and have been since last October but since I started the iva I have accumulated rent arrears. What can I do

      Hi Tracey

      Firstly, if you have accumulated rent arrears while you are in your IVA, I would seriously question whether the Arrangement is working for you. You should have sufficient funds each month to pay your rent and other priority bills and still have enough left over to pay the IVA payment. If this is not the case, you must speak to your IVA company and review your income and expenses budget. If you can’t afford to pay your IVA perhaps you need to consider stopping it and using a different debt solution.

      Did you have a temporary reduction in your income which led to the rent arrears but this problem is now resolved? If so it might be possible to continue paying your IVA and your normal rent but agree a slight uplift with your landlord to pay back what you owe. Alternatively, ask your IVA company for a payment break to give you time to repay the arrears.

      The final option is to consider whether the arrears can actually be added to your IVA. This might be possible if they are from a previous property and you forgot to add them when the Arrangement was set up (although this would extend the term of the IVA). However, this is unlikely to be viable if they are with your current landlord, as they would probably object and may even ask you to leave the property.

      I would be more than happy to chat these options through with you if you wish. Please do give me a call when you are free. The advice is free and without obligation (0800 011 4712)

    Pat says:

    Hi I have IVA approved last year but just now I was informed I have unpaid rental arrears for my previous cuncil property I didn’t know about that when I had iva agreement. Can I add this arrears now to my IVA?

      Hi Pat

      The options available will depend on how much your rent arrears debt is. If it is less than 10% of the total debt you originally included in your IVA, your IVA should be able to add it quite easily. If it is greater than 10%, a formal variation of the IVA will need to be put to all creditors. Generally speaking this would be accepted. However, you would also need to agree to an extension of your IVA payments of between 12-24 months.

      You can read more about this here: Can you add debt to your IVA

      Note, if your IVA company will not help or you can’t come to a mutual agreement about any extension, you might need to consider cancelling the Arrangement. You could then start a new IVA including all the debt or use a different solution. If you need further advice with this, don’t hesitate to contact me (0800 011 4712)

    Sofia says:

    Can old student accommodation rent arrears be added to an IVA?

      Hi Sofia

      I confirm that old student accommodation rent arrears can be included in an IVA in the same way as any other unsecured debt.

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