Tenant not paying rent UK: what landlords can do now
Act early. Talk to your tenant, put what you've agreed in writing, and keep an accurate arrears record. If arrears reach at least 3 months' rent (or 13 weeks if rent is paid weekly or fortnightly), both when you serve notice and at the hearing, you can use the mandatory rent arrears ground 8 with 4 weeks' notice [3]. Discretionary arrears grounds are still available, for example if rent is repeatedly late [3]. You must use the correct section 8 form, and if you took a deposit you must have complied with the deposit rules [2].
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If you have a tenant not paying rent, UK rules for England changed on 1 May 2026, when the Renters' Rights Act's tenancy reforms took effect for private tenancies [1]. Section 21 has gone, so you can only regain possession using a section 8 ground [2]. For rent arrears, the mandatory threshold is now higher. Most arrears cases are still best resolved early, with a conversation and a written plan, long before court.
This is general information for England, not legal advice. Take advice before serving notice.
Tenant not paying rent UK step 1: find out why
Missed rent often has a simple cause: a changed payment date, a bank error, a benefit delay or a job loss. Contact your tenant quickly, calmly and in writing as well as by phone. Ask what's happened and when they expect to pay.
Step 2: Agree a plan and write it down
If the tenant can pay but needs time, agree a repayment plan: how much extra each month, starting when. Confirm it by email or letter. The government says the Act aims to protect tenancies that are otherwise viable when tenants temporarily fall into arrears [3], so courts and councils will look at how both sides behaved.
Step 3: Keep an accurate arrears record
For each rent period, record:
- the date rent was due,
- the amount due,
- what was paid and when,
- the running balance.
This is your core evidence. Ground 8 requires the threshold to be met both when notice is served and at the hearing [3], so the record must be up to date. A rent tracking app with bank feeds can do this automatically; see rent tracking apps.
Step 4: Point the tenant to help
A tenant struggling with rent may be able to get help from their council or with benefits. Organisations such as Citizens Advice and Shelter give free advice. A tenant who gets help is more likely to clear the arrears.
Step 5: Know your grounds for possession
From 1 May 2026, private tenancies in England are assured periodic tenancies, and you need a section 8 ground [2]. For rent arrears:
| Ground | Type | Test | Notice |
|---|---|---|---|
| Ground 8 | Mandatory | At least 3 months' arrears (13 weeks if weekly or fortnightly) at notice and at hearing [3] | 4 weeks [3] |
| Discretionary arrears grounds | Discretionary | For example, some arrears, or rent repeatedly late [3] | Check the grounds guidance |
Previously, ground 8 required 2 months' arrears with 2 weeks' notice; the Act raised it to 3 months and 4 weeks [3]. With a mandatory ground, the court must grant possession if the ground is proved. With a discretionary ground, the court decides whether it's reasonable.
Step 6: Serve notice correctly
- Use the correct section 8 notice form and state the grounds [2].
- Give the right notice period [2].
- Make sure you've complied with deposit protection rules if you took a deposit [2].
- Keep proof of how and when you served it.
If the tenant doesn't leave by the end of the notice period, you can apply to court [4]. The court process can be started online through Possession Claim Online [5].
Step 7: Don't take matters into your own hands
Never change the locks, remove belongings or cut off utilities to force a tenant out. Unlawful eviction and harassment are criminal offences under the Protection from Eviction Act 1977 [6].
What about using the deposit?
The deposit is protected for the end of the tenancy. Deductions are dealt with when the tenancy ends, under the scheme's rules [7]. Don't treat it as a mid-tenancy rent fund.
Why the paper trail matters
Whether you end up in court or not, a clean record of the tenancy helps you. Courts and adjudicators will look at whether you met your own obligations: safety certificates, deposit protection and repairs. A tenant facing arrears may raise disrepair. If every repair was reported through a dated channel, with photos and an outcome, you can show what you did and when.
That's what Gaffy keeps for you. Tenants report repairs through the property's repair link, every request sits in your maintenance inbox with status and outcome, and your gas safety record, EICR, EPC and deposit protection documents live in the property's vault with expiry flags. Gaffy doesn't track rent. £12 a month for up to 5 properties, first month free.
Template: first message about missed rent
"Hi (tenant's name), I noticed the rent due on (date) hasn't arrived yet. Is everything OK? If something's happened, let me know and we can talk about a plan. Could you reply by (date)?"
Keep it calm and factual, and keep a copy.
Timeline example for ground 8
Rent is £1,000 a month, due on the 1st. The tenant pays nothing from January. By early April, arrears reach £3,000, which is 3 months' rent, so the ground 8 threshold can be met [3]. You serve a section 8 notice citing ground 8, giving 4 weeks' notice [3]. If the tenant doesn't leave, you apply to court, and the threshold must still be met at the hearing [3]. If the tenant pays some arrears and falls below 3 months, ground 8 may no longer apply, though discretionary grounds might. This is an illustration, not legal advice.
People also ask
What can a landlord do if a tenant doesn't pay rent?
Talk to them early, agree a written plan, keep an arrears record, and if needed use a section 8 ground with the correct notice [2][3].
How many months of arrears before eviction?
For the mandatory ground 8, at least 3 months' rent (13 weeks if paid weekly or fortnightly), at notice and at the hearing [3].
How much notice for rent arrears eviction?
4 weeks for ground 8 [3].
Can I still use section 21 for rent arrears?
No. Section 21 was abolished for private tenancies from 1 May 2026 [1][2].
Can I evict a tenant for always paying late?
Discretionary grounds cover rent that's repeatedly late; the court decides if possession is reasonable [3].
Try Gaffy free for a month · Renters' Rights Act checklist
FAQ
Does Gaffy chase rent?
No. Gaffy handles repairs, certificates and documents.
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£12 a month for up to 5 properties, plus £4 a month for each additional property.
Sources
- GOV.UK, When will the Renters' Rights Act come into force? (ww.gov.uk/government/news/when-will-the-renters-right-act-come-into-force)
- GOV.UK, Renting out your property: ending a tenancy (ww.gov.uk/guidance/renting-out-your-property-guidance-for-landlords-and-letting-agents/ending-a-tenancy)
- MHCLG, Guide to the Renters' Rights Act (ww.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act)
- GOV.UK, Renters' Rights Act overview for tenants (ww.gov.uk/guidance/renters-rights-act-overview-for-tenants)
- GOV.UK, Possession Claim Online (ww.gov.uk/possession-claim-online-recover-property)
- Protection from Eviction Act 1977, section 1 (ww.legislation.gov.uk/ukpga/1977/43/section/1)
- GOV.UK, Tenancy deposit protection (ww.gov.uk/tenancy-deposit-protection)