What to do when a tenant stops paying rent
Rent arrears in England: check the facts, talk early, agree a plan in writing and keep records. If it cannot be solved, possession is by section 8 notice and a court order only. Never change the locks.
In short: Contact the tenant as soon as a payment is missed, find out why, and agree a written repayment plan if you can. Keep a record of every payment and message. If arrears build up, get advice from a solicitor or landlord association about a section 8 notice. Only a court can end the tenancy; changing the locks is a crime.
Rent and rent increasesEnding a tenancy and possession
England. Checked against the law on 5 October 2026. Information, not legal advice.
First, check the facts
Before you contact the tenant, make sure the rent really is late: check your bank account for the right date and amount, and whether part was paid. Joint tenants are each responsible for the whole rent, even if they split it between them.
Talk early, and in writing
Most arrears are easier to fix in the first month than the third. Contact the tenant the day after a missed payment:
- ask what has happened (a job loss, illness, a delayed benefit payment, a dispute about a repair);
- say how much is owed and by when you would like it;
- follow any phone call with a short email or letter, so there is a record.
Keep the tone factual. Repeated visits, threats or calls at night can amount to harassment, which is a criminal offence.
Agree a repayment plan
If the tenant cannot pay at once, a plan that clears the arrears over a few months, on top of the normal rent, often works better for both sides than court. Put it in writing: the amount, the dates, and what happens if a payment is missed. Keep to it yourself and record each payment.
Other things that may help:
- A guarantor: if there is one, write to them as the guarantee says.
- Help with housing costs: if the tenant receives Universal Credit, a landlord can ask the Department for Work and Pensions to pay the housing element directly to them (a managed payment). GOV.UK explains how.
- Rent guarantee insurance: if you have it, tell the insurer straight away; most policies have short deadlines.
- Money advice: point the tenant to free debt advice, such as Citizens Advice.
Keep records
Keep a rent statement showing each amount due, each payment and the running balance, with copies of every message. You will need it for any plan, insurance claim or court case.
If it cannot be solved
Since 1 May 2026 there is no section 21. To get the home back for arrears you serve a section 8 notice on the prescribed form, relying on one or more grounds in Schedule 2 of the Housing Act 1988:
| Ground | What it covers | Notice | Court |
|---|---|---|---|
| 8 | At least 3 months' rent owed (13 weeks if paid weekly or fortnightly), both when you serve notice and at the hearing | 4 weeks | must order possession if proved |
| 10 | Some rent owed | 4 weeks | may order possession |
| 11 | Rent paid late again and again | 4 weeks | may order possession |
Possession for arrears is a court process. If the deposit was not protected properly, the court cannot order possession on most grounds until that is put right. Speak to a solicitor or a landlord association before serving notice: a mistake on the form or the dates can mean starting again.
You can also make a money claim for the arrears alone. For claims under £10,000, the court will usually refer you to mediation first.
What you must never do
Changing the locks, removing the tenant's belongings, cutting off gas, water or electricity, or pressuring them to leave is unlawful eviction or harassment under the Protection from Eviction Act 1977. It is a criminal offence that can lead to a fine or prison, and the tenant can claim damages. Only a court order, enforced by court bailiffs if needed, ends the tenant's right to live there.
Where tenants get help
If you are a tenant reading this, Shelter and Citizens Advice give free advice on arrears and possession.
LevelMoves can keep the rent record and the dates for you; it never serves a notice or decides to start possession.
This guide is information about the law in England, not legal advice.
Where this comes from
Questions landlords ask
How many months of rent arrears before eviction in England?
Ground 8 is mandatory when at least three months' rent (13 weeks if paid weekly or fortnightly) is owed both when you serve notice and at the hearing, with four weeks' notice. Smaller arrears fall under the discretionary grounds 10 and 11.
Can I change the locks if my tenant does not pay rent?
No. That is unlawful eviction, a criminal offence under the Protection from Eviction Act 1977. Only a court order, enforced by court bailiffs if needed, ends the tenancy.
Should I agree a payment plan with my tenant?
Often yes. A written plan that clears the arrears over a few months alongside normal rent is usually quicker and cheaper than court. Record the amounts and dates, and keep a running rent statement.
What notice do I give for rent arrears now section 21 has gone?
A section 8 notice on the prescribed form stating the grounds, usually 8, 10 or 11, each with four weeks' notice. Get a solicitor or landlord association to check it before you serve it.
Read next
Guide
How to raise the rent (once a year, section 13)
In England you can raise the rent once every twelve months, by a section 13 notice on the prescribed form with two months' notice. Here is the procedure and what the tenant can do about it.
Guide
Rent in advance and rent bidding: what the Renters’ Rights Act allows
Since 1 May 2026 you cannot take rent before the tenancy agreement is signed, can take at most one month's rent before it starts, and cannot invite or accept offers above the rent you advertised.
Guide
Getting your property back after section 21
Without section 21, possession in England depends on the grounds in Schedule 2. The main ones a self-managing landlord uses, the notice periods, and why LevelMoves hands this to a human.
Guide
What changed for landlords on 1 May 2026
The Renters' Rights Act came into force in England on 1 May 2026. Section 21 is gone, every tenancy is now periodic, and rent rises follow one procedure. Here is what a self-managing landlord actually has to do differently.
Templates, terms and news on this
Glossary
First-tier Tribunal (Property Chamber)
The tribunal that decides many housing disputes in England: challenged rent increases, rent repayment orders, banned fees, licensing appeals and leasehold service charges.
Glossary
Form 3A
The prescribed government form for a section 8 notice seeking possession of a private assured tenancy in England, used since 1 May 2026.
Glossary
Form 4A
The prescribed government form for a section 13 notice proposing a new rent on a private assured tenancy in England.
Glossary
Grounds for possession (ground 1, 1A and 8)
The reasons in Schedule 2 of the Housing Act 1988 on which a landlord can seek possession. Some are mandatory, some discretionary; the main ones are moving in, selling and arrears.
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