Rent arrears can quickly become stressful for both landlords and tenants. For landlords, unpaid rent affects mortgage payments, maintenance and the viability of the tenancy. For tenants, arrears may arise from redundancy, illness, benefit delays, relationship breakdown or an unexpected rise in household costs.

In England, the legal framework changed significantly on 1 May 2026. Private landlords can no longer use Section 21 to recover possession without relying on a statutory ground. Rent arrears cases generally proceed under Section 8, and the court process must be followed carefully.

The best outcome is often achieved before possession proceedings become necessary. Early communication, accurate rent records, realistic payment arrangements and access to housing support can prevent arrears from escalating.

Start with sensible affordability and referencing checks

Preventing rent arrears begins before the tenancy starts. Landlords should carry out proportionate and consistent checks to assess whether the proposed rent is affordable for the applicant.

Good practice may include:

• Verifying employment, income or self-employed earnings.
• Checking recent payslips, accounts or other reliable financial evidence.
• Obtaining a previous landlord reference where appropriate.
• Carrying out a proportionate credit or affordability check.
• Confirming whether a guarantor is required and whether they can realistically meet the obligation.
• Checking that the applicant understands the rent amount, payment date and other regular charges.

There is no universal statutory income multiple that every landlord must apply. A rigid policy may also create risks if it unfairly excludes applicants who receive benefits, have irregular income or require a reasonable adjustment. Checks should be relevant to the tenancy, applied consistently and handled in accordance with data protection and equality law.

Landlords should not assume that a tenant receiving Universal Credit is unable to pay rent. Equally, tenants should be open about their income and any foreseeable difficulty meeting the proposed rent. A clear affordability discussion at the outset can avoid misunderstandings later.

Act quickly when arrears first arise

A missed payment should not automatically lead to an eviction threat. The first step is to check the facts.

The landlord should review:

• The rent due and the date it was due.
• Payments received, including partial payments.
• Whether the bank details or standing order have changed.
• Whether there has been an administrative or accounting error.
• The total arrears and how they have developed over time.
• Whether the tenant has reported a benefit delay, loss of income or another problem.

A calm written message is usually more productive than repeated demands or threatening language. The landlord should explain the amount believed to be outstanding and invite the tenant to respond promptly.

Tenants should not ignore letters, emails or calls about arrears. They should ask for an up-to-date rent statement if the figure appears wrong and explain immediately if the arrears relate to Universal Credit, Housing Benefit, wages or another temporary difficulty.

Early engagement does not prevent a landlord from taking lawful action later. It simply gives both parties an opportunity to understand the position and consider whether the tenancy can be stabilised.

Agreeing a structured repayment plan

A repayment plan can be a practical alternative to possession proceedings where the tenant can maintain the ongoing rent and make an affordable contribution towards the arrears.

A useful agreement should identify:

1. The total arrears at the date of the agreement.
2. The normal rent and payment date.
3. The additional amount to be paid towards arrears.
4. The date on which payments will begin.
5. How long the arrangement is expected to last.
6. What happens if a payment is missed.
7. A review date if the tenant’s income or benefit position changes.

The plan must be realistic. An arrangement that requires a tenant to pay more than they can afford is unlikely to last and may make the arrears worse. Tenants should prepare a budget showing income, rent, utilities, food, travel and other essential expenses before proposing an amount.

Landlords may wish to state that accepting payments does not waive the arrears or prevent future possession action if the agreement is not maintained. However, the wording should be clear and not misleading.

In some cases, the court may make a suspended possession order. This can allow the tenant to remain in the property provided they pay the current rent plus an agreed amount towards the arrears. If the conditions are broken, the landlord may be able to seek enforcement.

Check Universal Credit and local authority support

Tenants who are struggling with rent should check whether they are receiving the correct help with housing costs. The official GOV.UK guidance on housing costs and Universal Credit explains that eligible claimants may receive an amount towards rent to a private landlord.

A tenant should:

• Ensure the rent and landlord details in their Universal Credit account are accurate.
• Report changes in rent, address or household circumstances.
• Keep records of messages and decisions from the Department for Work and Pensions.
• Ask for help promptly if a payment has been delayed or calculated incorrectly.
• Contact the local council if homelessness is a risk.

Where a tenant is at least two months behind with rent, the tenant or landlord may be able to request an Alternative Payment Arrangement. This can result in the housing element being paid directly to the landlord. It may also be possible for deductions to be made from Universal Credit to reduce arrears, although this reduces the tenant’s available monthly income.

Local authority support varies. Depending on the tenant’s circumstances and area, assistance may be available through the council’s housing team, homelessness prevention service, welfare assistance scheme or Crisis and Resilience Fund. The tenant should contact the council through its local authority contact service, explain the arrears and state clearly if possession proceedings or homelessness are threatened.

A tenant should also seek independent debt advice. The GOV.UK rent arrears guidance links to further support from organisations including Shelter, Citizens Advice and MoneyHelper.

Section 8 grounds for rent arrears after 1 May 2026

If negotiation fails, a private landlord may consider a Section 8 possession claim. Section 21 is no longer available for private possession claims in England under the post-1 May 2026 regime.

The principal rent-related grounds are:

Under Ground 8, arrears caused solely by a delay in paying Universal Credit to which the tenant is entitled must be disregarded when assessing the threshold. A tenant may therefore still face a claim under a discretionary ground, but the benefit delay may be highly relevant to whether possession is reasonable.

A landlord can rely on more than one ground where appropriate. However, the notice must be accurate, set out the grounds and reasons properly, and give the required notice. The government’s guidance on grounds for possession should be read alongside the correct statutory form.

Serving a notice does not itself evict the tenant. If the tenant does not leave, the landlord must issue a court claim and prove the ground. The court may dismiss the claim, make an outright possession order, make a suspended order or make a money judgment.

Do not overlook tenancy deposit protection

Before seeking possession, landlords should audit compliance with tenancy deposit rules. A deposit must generally be protected in a government-approved scheme, and the tenant must receive the required prescribed information within 30 days.

The official deposit protection guidance explains that the tenant should be told:

• The property address and deposit amount.
• How the deposit is protected.
• The scheme’s contact details and dispute process.
• The landlord or agent’s contact details.
• The circumstances in which deductions may be proposed.
• How the deposit can be recovered at the end of the tenancy.

Under the current possession regime, deposit non-compliance can prevent a court from making an order under most possession grounds unless the issue has been corrected, the deposit returned or the dispute resolved. The rules do not apply in the same way to certain antisocial behaviour grounds.

Tenants should obtain advice if their deposit was not protected or the prescribed information was not provided. They may have a potential financial claim, and any counterclaim could affect the calculation of alleged arrears.

Avoid unlawful eviction

Rent arrears do not give a landlord the right to change the locks, remove belongings, disconnect utilities or force a tenant out. Harassment, threats and repeated visits intended to make a tenant leave may also be unlawful.

Unless the tenant leaves voluntarily, the landlord normally needs:

1. A valid notice.
2. A court possession order.
3. A warrant or other lawful enforcement process if the tenant remains.

Only authorised enforcement officers should carry out a court-ordered eviction. A landlord who bypasses the process may face criminal or civil consequences, even where substantial rent is unpaid.

Tenants should keep evidence of threatening messages, lock changes, utility interruption or attempts to enter without permission. If there is an immediate risk of being locked out or made homeless, urgent housing and legal advice should be obtained.

When should you instruct solicitors?

Landlords should consider instructing solicitors before serving a Section 8 notice, particularly where arrears are approaching three months, Universal Credit is involved, the deposit position is unclear or the tenant has raised disrepair or discrimination issues.

Tenants should seek advice promptly if they receive a possession notice, court papers or a proposed repayment plan they cannot afford. A solicitor can check the arrears schedule, notice, tenancy documents, deposit compliance and possible counterclaims.

Tyndel Solicitors advises both landlords and tenants on rent arrears, possession proceedings, repayment arrangements and housing disputes. Our Landlord and Tenant Solicitors can provide practical advice on the options available and help you follow the correct legal process.