Tenant Not Paying Rent —
What Can a Landlord Do and How Quickly?

First Steps When Rent Is Missed

When a tenant misses a payment, act promptly but calmly. Most first missed payments are caused by banking errors, Universal Credit payment delays, or genuine oversight rather than a deliberate decision to stop paying. Your first step should always be direct contact.

1. Contact the tenant — by text, email or phone within two to three days of the missed payment. Keep a record of the contact and the response.
2. Put it in writing — follow up any verbal contact with an email confirming the missed payment, the amount owed, and your expectation of when it will be paid.
3. Check your compliance position — before considering any formal action, verify that all your compliance documents are in order. A possession claim with compliance gaps is significantly weaker.

Early communication resolves the majority of first-time arrears situations. It also creates a paper trail that demonstrates you acted reasonably if the matter later proceeds to court.

The Full Arrears Timeline

Understanding the realistic timeline helps landlords plan and avoid the frustration of expecting faster outcomes than the process allows.

• Day 1 — Rent missed. Contact tenant, document the contact.
• Day 7–14 — If no payment, send formal written reminder. Note total arrears.
• Day 30+ — Second month's rent missed. Arrears now two months. Consider Ground 10/11 notice (discretionary) or wait for three months for Ground 8.
• Day 90+ — Three months' arrears. Ground 8 threshold met. Serve Section 8 notice using Grounds 8, 10 and 11.
• Day 118+ — Notice period expired (28 days). If tenant has not paid or left, apply to county court for possession order.
• Week 16–20 — Court hearing listed. Possession order granted if Ground 8 proven and arrears still three months+.
• Week 18–24 — Tenant given 14–28 days to vacate. If they do not leave, apply for warrant of possession and instruct bailiffs.

Ground 8 — Serious Rent Arrears

Ground 8 is the most powerful tool for rent arrears possession. It is a mandatory ground — meaning if you can prove the conditions are met, the court must grant possession. The conditions are:

• The tenant owes at least three months' rent (or 13 weeks for weekly tenancies) at the date the Section 8 notice is served
• The tenant still owes at least three months' rent at the date of the court hearing

Grounds 10 and 11

Ground 10 applies where the tenant is in arrears of rent at both the date of notice and the date of the hearing — for any amount, not just three months. It is a discretionary ground, meaning the court weighs up circumstances. A good compliance record and evidence of reasonable behaviour strengthens your position.

Ground 11 applies where the tenant has persistently delayed paying rent — even where there are no arrears at the hearing date. This is useful where a tenant routinely pays late, reducing arrears just before hearings. Evidence of the payment pattern (bank statements, rent records) is essential.

In practice, include all three grounds — 8, 10 and 11 — in every rent arrears notice. This gives maximum coverage across different scenarios.

Compliance Required Before Serving Notice

This is the element most landlords underestimate. Before serving any Section 8 notice, the following must be verifiably in place:

• Valid Gas Safety Certificate — served on the tenant
• Valid EICR — served on the tenant
• Valid EPC (rated E or above)
• Deposit protected in an approved scheme
• Deposit prescribed information served within 30 days
• How to Rent guide (current version) served at tenancy start
• Renters' Rights Act Information Sheet served

A tenant facing possession will be advised to check every compliance document. A gap — even an apparently minor one — can be used to complicate proceedings and delay an outcome.

Serving the Section 8 Notice

1. Download Form 3 from gov.uk — ensure you use the current version
2. Complete all required fields accurately — grounds relied upon, specific arrears amounts and dates
3. Serve by hand, first-class post, or email (if contractually agreed)
4. Keep proof of service — sent email, signed receipt, or recorded delivery
5. Note the date of service — the 28-day notice period runs from this date

The Court Process

If the tenant has not paid the arrears or vacated after the notice period expires, apply to the county court for a possession order. The claim is issued and served on the tenant, who has 14 days to respond. A hearing is listed — typically 4 to 8 weeks after the claim is issued for a straightforward Ground 8 case.

At the hearing, bring your evidence: the notice, proof of service, rent statement showing arrears, and copies of all compliance documents. If Ground 8 is proven and the arrears are still three months or more, the court must grant a possession order.

If the tenant does not leave by the date specified in the possession order, apply to the court for a warrant of possession. A county court bailiff will then arrange an eviction date.

Universal Credit and Direct Payments

Where a tenant receives Universal Credit that includes a housing element, a landlord can apply for an Alternative Payment Arrangement (APA) to have that element paid directly to the landlord rather than to the tenant. This does not clear existing arrears but prevents future shortfall.

Apply through the Landlord Portal on the government website. The DWP considers applications where there are arrears of two months or more. Direct payment APAs can be a useful tool to stabilise a tenancy before pursuing possession.

Frequently Asked Questions

Can I deduct rent arrears from the deposit?

Only at the end of the tenancy. During an ongoing tenancy, the deposit cannot be touched. At the end of the tenancy, you can claim rent arrears from the deposit through the deposit scheme's dispute process — but this requires evidence of the arrears and may not cover the full amount if other deductions are also being claimed.

What if the tenant pays some but not all of the arrears?

Accepting a partial payment does not waive your right to pursue possession if arrears remain. However, if the partial payment reduces arrears below three months before the court hearing, Ground 8 will fail. This is exactly why you should always include Grounds 10 and 11 in the same notice.