What to Do If a Tenant Stops Paying Rent:
27/04/2026
Rent arrears are one of the most common issues landlords face, and knowing what to do when a tenant stops paying rent is crucial. Acting quickly, but correctly, is essential to protect your position and minimise losses. While rent arrears can be frustrating, it is important to follow the correct procedures. This not only protects you legally but also helps ensure that, if possession action becomes necessary, the process runs as smoothly as possible.
Below is a general overview of the steps landlords in England commonly take when a tenant stops paying rent.
Act early and communicate
The first step should always be informal contact. Sometimes missed payments are due to short-term financial difficulty, administrative issues, or genuine mistakes. A calm written reminder and, where appropriate, discussion of a repayment plan can often resolve matters without formal action. Keeping a clear record of all communications is important if the situation escalates.
Review the tenancy agreement and arrears position
Landlords should check the tenancy agreement to confirm rent due dates, payment terms, and any relevant clauses relating to late or missed payments. It is also important to keep an accurate and up to date record of arrears, as this will be required if formal legal proceedings become necessary.
Consider serving a Section 8 notice
If arrears continue, landlords may consider serving a Section 8 notice under the Housing Act 1988. This is the formal notice used where a landlord is seeking possession on specified statutory grounds, which may include rent arrears. Landlords must follow the correct legal process and should not attempt to remove a tenant unlawfully, for example, by changing the locks.
The level of arrears and timing will determine which grounds may apply. For example, as of 1 May 2026, Ground 8 may be relied upon where at least three months’ rent is unpaid (if rent is payable monthly), a one-month increase on the previous two months required before that date. The notice must be served correctly and is generally followed by a minimum notice period of two weeks, which will also increase to four weeks under the Renters’ Rights Act 2025 from 1 May 2026, before court proceedings can be considered.
You can find further information on Section 8 notices, including official guidance and downloadable resources, on the government website.
Court proceedings for possession
If the matter is not resolved following the notice period, you may apply to the County Court for a possession order. The court will consider the evidence and decide whether possession should be granted. In some cases, the court may also award a money judgment for unpaid rent.
If a possession order is granted but the tenant does not leave, enforcement action may have to be taken through county court bailiffs or High Court Enforcement Officers where applicable.
Consider an alternative resolution where appropriate
At any stage, landlords may wish to consider negotiation, mediation, or agreeing a structured repayment plan. These approaches can sometimes resolve matters more quickly and with reduced cost compared to formal proceedings.
Final thoughts
Rent arrears should always be addressed early, starting with communication and moving through the correct legal process if needed.
With the upcoming legal changes of the Renters’ Rights Act 2025 set to come into force on 1 May 2026, including the removal of Section 21 “no fault” evictions, it is more important than ever that landlords follow the correct procedures and rely on well-evidenced grounds for possession.
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