Rent arrears are one of the most stressful situations a landlord can face, and the rules around possession for arrears changed on 1 May 2026 under the Renters’ Rights Act 2025. Section 21 “no-fault” eviction is gone, the mandatory arrears threshold has risen, and notice periods have changed. This guide sets out a practical, lawful approach — from early communication to court action. It is written for England.
This guide is part of our complete Renters’ Rights Act guide for UK landlords.
Key takeaways
- Act early — open, documented communication resolves most arrears before they escalate.
- Section 21 is abolished; possession for arrears now runs through Section 8 grounds.
- The mandatory ground (Ground 8) now needs at least 3 months’ arrears and 4 weeks’ notice.
- Follow the pre-action protocol and keep meticulous records throughout.
Step 1: Act early and communicate
The moment a payment is missed, make contact — politely and in writing. Many arrears arise from a temporary problem: a delayed wage, a benefits issue, an unexpected bill. A quick conversation often resolves it. Keep a clear record of every call, message and letter; this contemporaneous evidence matters if the case later reaches court.
Step 2: Agree a realistic repayment plan
If the tenant cannot clear the balance at once, a written repayment plan that spreads the arrears over a manageable period is usually better for both sides than rushing to court. Where the tenant claims Universal Credit, you can ask for the housing element to be paid directly to you and for an amount towards the arrears to be deducted — see our guide to Universal Credit direct payments.
Step 3: Understand the possession grounds
If arrears continue, possession is now sought using Section 8 grounds (Section 21 having been abolished). The arrears grounds are:
| Ground | What it covers | Notice |
| Ground 8 (mandatory) | At least 3 months’ arrears (or 13 weeks’ if rent is weekly/fortnightly) both when notice is served and at the hearing | 4 weeks |
| Ground 10 (discretionary) | Any amount of arrears outstanding | 4 weeks |
| Ground 11 (discretionary) | Persistent late payment, even if little or nothing is owed at the hearing | 4 weeks |
Ground 8 is “mandatory” — if the threshold is met at both points in time, the court must order possession. The discretionary grounds give the court more leeway, which is why strong records of communication and persistent late payment are so valuable. Note the higher Ground 8 threshold (raised from two to three months) means it is now worth acting on the discretionary grounds and the repayment route earlier rather than waiting.
Step 4: Follow the pre-action protocol
Before issuing a claim, you are expected to follow the courts’ pre-action protocol for rent arrears: contact the tenant early, provide rent statements, try to agree affordable repayments, and signpost debt advice. Courts take a dim view of landlords who rush to litigate without engaging, and the discretionary grounds depend on the court’s view of your conduct.
Step 5: Serve the correct notice and apply to court
If matters cannot be resolved, serve a valid Section 8 notice specifying the grounds and the correct notice period, then — if the tenant does not leave or pay — apply to the court for a possession order. Accuracy matters: an incorrectly completed notice can be thrown out and set you back months. Many landlords take professional advice at this stage.
Protecting yourself in advance
- Reference thoroughly and consider a guarantor for higher-risk lets.
- Consider rent guarantee insurance to cover lost income during a possession process.
- Keep rent records impeccable — a clear, dated rent schedule is your foundation in any claim.
- Engage early, every time — the discretionary grounds reward landlords who communicate and document.
Frequently asked questions
Can I still use a Section 21 notice for arrears?
No. Section 21 was abolished on 1 May 2026. Possession for arrears is now sought using Section 8 grounds (8, 10 or 11).
How much must the tenant owe for the mandatory ground?
For Ground 8, at least three months’ rent must be unpaid (or 13 weeks’ if rent is paid weekly or fortnightly) both when you serve notice and at the possession hearing. The notice period is four weeks.
What if the tenant clears some arrears before the hearing?
If the balance drops below the three-month threshold by the hearing, the mandatory Ground 8 may no longer apply. You may still be able to rely on the discretionary grounds, where the court weighs the overall circumstances — another reason to keep good records.
Written by the Landlords Portal editorial team. This article is general information for UK landlords, not legal advice. The Renters’ Rights Act is being implemented in stages and secondary regulations continue to be published — check the current position or take professional advice before serving any notice. Sources: Guide to the Renters’ Rights Act (GOV.UK) and the Renters’ Rights Act 2025.
