When a tenant stops paying rent, the financial consequences for a landlord can quickly become substantial. Mortgage payments, insurance, maintenance costs and other financial commitments continue, even when rental income stops.
For landlords facing increasing rent arrears, understanding the legal options available is essential.
Following the introduction of the Renters’ Rights Act 2025, significant changes to possession proceedings came into force in England on 1 May 2026. These changes affect the grounds upon which landlords can recover possession, the amount of rent arrears required and the notice periods that must be provided.
At Landlord and Tenant Group, we assist landlords with rent arrears recovery, Section 8 notices, possession proceedings and enforcement action.
This guide explains the steps landlords can take when tenants fail to pay rent and how to recover possession lawfully.
What Should a Landlord Do When a Tenant Stops Paying Rent?
When rent first becomes overdue, landlords should act promptly rather than allowing arrears to accumulate.
The first step is to establish precisely how much rent is outstanding and maintain an accurate statement of account.
Landlords should:
- Prepare an up-to-date rent arrears schedule identifying payments due, payments received and the outstanding balance.
- Contact the tenant in writing requesting payment and an explanation for the arrears.
- Retain copies of correspondence and records of any repayment arrangements.
- Consider whether the tenant is experiencing difficulties with Universal Credit or Housing Benefit.
- Obtain advice regarding the appropriate grounds for possession if payment is not forthcoming.
Where a tenant receives Universal Credit, it may be possible to request that the housing element is paid directly to the landlord through an Alternative Payment Arrangement.
However, landlords are not required to allow substantial arrears to accumulate indefinitely before considering legal action.
Can a Landlord Evict a Tenant for Rent Arrears in 2026?
Yes. Landlords in England can seek possession where tenants fail to pay rent, provided the relevant statutory grounds and procedures are satisfied.
Since 1 May 2026, most private assured shorthold tenancies have become assured periodic tenancies, and the Section 21 no-fault eviction procedure has been abolished for new notices in the affected private rented sector.
Landlords seeking possession must therefore generally rely upon one or more statutory grounds under Section 8 of the Housing Act 1988.
For rent arrears cases, the principal grounds are Grounds 8, 10 and 11.
Ground 8 — Mandatory Possession for Serious Rent Arrears
Ground 8 is a mandatory ground for possession.
For Section 8 notices served on private tenants in England on or after 1 May 2026, the tenant must owe at least:
- Three months’ rent, where rent is payable monthly; or
- Thirteen weeks’ rent, where rent is payable weekly or fortnightly.
The required level of arrears must exist both when the Section 8 notice is served and at the possession hearing.
Where the statutory requirements are satisfied, the court must ordinarily make a possession order, subject to applicable statutory exceptions and any successful defence.
Importantly, if the tenant reduces the arrears below the required threshold before the hearing, the landlord may no longer be able to rely upon mandatory Ground 8.
Special provisions also apply to certain arrears attributable to unpaid Universal Credit housing payments.
Ground 10 — Some Rent Remains Unpaid
Ground 10 is a discretionary ground for possession.
Unlike Ground 8, there is no minimum amount of rent arrears required.
A landlord may therefore consider relying upon Ground 10 even where the tenant owes less than three months’ rent.
However, the court must be satisfied that the ground is established and that making a possession order is reasonable in the circumstances.
Ground 11 — Persistent Delay in Paying Rent
Ground 11 applies where a tenant has persistently delayed paying rent.
This ground may be relevant where the tenant repeatedly pays late, even if the arrears have subsequently been cleared.
Ground 11 is also discretionary, meaning that the court will consider the circumstances before deciding whether possession should be granted.
Landlords will often be advised to rely upon Grounds 8, 10 and 11 together where the evidence supports doing so.
This can provide alternative grounds for possession if the tenant reduces the arrears below the mandatory Ground 8 threshold before the hearing.
How Much Notice Must a Landlord Give for Rent Arrears?
Under the rules applying to new notices served on private assured tenants in England from 1 May 2026, the notice period for Grounds 8, 10 and 11 is generally four weeks.
The landlord must serve a valid Section 8 notice using the prescribed Form 3A, or a form substantially to the same effect.
The notice must identify the grounds relied upon, explain the circumstances supporting those grounds and provide the correct notice period.
Incorrectly prepared or served notices can result in possession claims being delayed, challenged or dismissed.
It is therefore important that landlords obtain appropriate advice before commencing proceedings.
Different rules may apply to notices served before 1 May 2026 and to certain other tenancy arrangements.
What Happens After a Section 8 Notice Has Been Served?
Serving a Section 8 notice does not automatically terminate the tenancy or entitle the landlord to remove the tenant.
If the tenant fails to vacate and the notice period has expired, the landlord may commence possession proceedings through the County Court.
Step 1 — Issuing a Possession Claim
The landlord must prepare and issue the appropriate court documents, setting out the grounds for possession and the supporting evidence.
In rent arrears cases, the court will ordinarily require an accurate rent statement showing the amount outstanding.
Depending on the circumstances, the landlord may also seek a money judgment for unpaid rent.
As at November 2026, the court issue fee for a County Court possession claim is £415, in addition to any applicable professional fees.
Step 2 — The Possession Hearing
The court will ordinarily list the matter for a possession hearing.
The landlord must provide evidence establishing the grounds relied upon, including an updated rent arrears schedule.
The court may:
- Grant an outright possession order.
- Make a suspended possession order where legally permitted.
- Adjourn proceedings for further information or consideration.
- Dismiss the claim if the grounds or procedural requirements have not been established.
Where mandatory Ground 8 is established, the court will ordinarily be required to make a possession order, subject to the relevant legal exceptions.
Step 3 — Enforcing the Possession Order
If the tenant fails to vacate by the date specified in an outright possession order, the landlord cannot simply change the locks or remove the tenant’s belongings.
The landlord must obtain the appropriate authority for enforcement.
This will generally involve applying for a County Court warrant of possession, allowing a County Court bailiff to carry out the eviction.
In appropriate circumstances, enforcement through the High Court may also be considered, subject to obtaining the necessary permission and complying with the applicable procedures.
Can Landlords Recover Unpaid Rent After Evicting a Tenant?
Yes. Recovering possession of a property does not automatically extinguish the tenant’s liability for outstanding rent arrears.
Where arrears remain unpaid, landlords may be able to pursue debt recovery proceedings or enforce an existing money judgment.
Depending upon the circumstances, enforcement options may include:
- County Court or High Court enforcement.
- Attachment of Earnings Orders.
- Third Party Debt Orders.
- Charging Orders.
- Insolvency proceedings where the statutory requirements are satisfied.
The most appropriate enforcement method will depend upon the amount outstanding, the debtor’s financial circumstances and whether there are identifiable assets or income against which enforcement may be pursued.
Landlords should also consider the commercial viability of enforcement before incurring additional costs.
What If the Tenant Claims Universal Credit or Enters Breathing Space?
Additional considerations arise where tenants receive Universal Credit or have entered a formal debt respite arrangement.
Landlords may be able to request direct rental payments through the Department for Work and Pensions where the relevant criteria are satisfied.
Furthermore, certain Universal Credit payment delays must be disregarded when assessing the mandatory Ground 8 arrears threshold.
Where a tenant is protected by a qualifying Breathing Space moratorium, restrictions may apply to serving notices, commencing possession proceedings and taking enforcement action in respect of the protected debt.
Landlords should obtain advice before proceeding where these circumstances arise.
Can a Landlord Change the Locks if the Tenant Refuses to Pay Rent?
No. A tenant’s failure to pay rent does not generally entitle a landlord to take possession without following the lawful procedure.
Changing the locks, removing belongings, disconnecting utilities or otherwise attempting to force a residential tenant to leave may amount to unlawful eviction or harassment.
Such action can expose landlords to criminal and civil consequences.
Even where substantial rent arrears have accumulated, landlords must follow the appropriate possession and enforcement procedures.
Are the Rules Different in Wales?
Yes. Residential renting in Wales is principally governed by the Renting Homes (Wales) Act 2016, rather than the English possession regime introduced under the Renters’ Rights Act 2025.
In Wales, tenants are generally referred to as contract-holders, and the relevant agreements are known as occupation contracts.
For standard occupation contracts, serious rent arrears will generally arise where at least two months’ rent is unpaid under a monthly rental arrangement, or eight weeks’ rent under a weekly arrangement.
A landlord may be able to seek possession on the serious rent arrears ground, subject to the statutory requirements.
The notice period for serious rent arrears is generally 14 days.
Different statutory forms, procedures and grounds apply in Wales, and landlords should ensure that they follow the correct jurisdiction-specific requirements.
How the Landlord and Tenant Group Can Help
Dealing with a tenant who refuses or fails to pay rent can be both financially damaging and time-consuming.
Errors in possession notices, court documentation or enforcement applications can result in further delays and additional expense.
At the Landlord and Tenant Group, we provide specialist assistance to landlords and property professionals throughout England and Wales.
Our services include:
- Reviewing tenancy documentation and rent arrears schedules.
- Preparing and serving Section 8 notices.
- Preparing and progressing possession claims.
- Coordinating representation at possession hearings.
- Obtaining and enforcing possession orders.
- Pursuing outstanding rent arrears and money judgments.
- Assisting with County Court and High Court enforcement procedures.
We understand the importance of taking prompt, proportionate and commercially sensible action to protect landlords’ interests.
Tenant Not Paying Rent? Contact the Landlord and Tenant Group Today
If your tenant has stopped paying rent, don’t allow the arrears to continue increasing without considering your legal options.
Whether your tenant has missed one payment or accumulated substantial arrears, obtaining advice at an early stage can help you understand the remedies available and avoid unnecessary delays.
The Landlord and Tenant Group can review your circumstances, advise upon the appropriate course of action and assist with the legal process from the initial notice through to possession and enforcement where necessary.
Contact the Landlord and Tenant Group today to discuss your rent arrears or possession matter.
Your Property Is Our Priority.