Key Takeaways
- Section 21 no-fault eviction was abolished on 1 May 2026, so landlords must now use Section 8 for all possession claims.
- Ground 8 now requires at least three months’ arrears (up from two months) at both the notice date and the court hearing.
- Notice periods for all rent arrears grounds under Section 8 have increased to four weeks.
- Landlords can pursue unpaid rent through the County Court independently of, or alongside, possession proceedings.
- A CCJ for rent arrears remains on a tenant’s credit file for six years and can be enforced by attachment of earnings or warrant of control.
- Legal advice early in the process is strongly recommended as the rules changed significantly on 1 May 2026.
Rent arrears are one of the most common (and most stressful) problems a private landlord can face. Whether a tenant has fallen two weeks behind or several months behind, the law sets out a clear process for recovering what you are owed and, if necessary, regaining possession of your property.
That process changed significantly on 1 May 2026 when the Renters’ Rights Act 2025 came into force. The abolition of Section 21 ‘no-fault’ evictions means all landlords in England must now use Section 8 grounds (including the arrears grounds) when seeking possession. The thresholds and notice periods under those grounds have also changed.
This guide explains your options as a private landlord in England, from the moment arrears arise through to court enforcement.
Act Early: Steps Before Serving a Notice
The first step when a tenant falls into arrears should always be communication. A phone call, text message or formal letter setting out what is owed and asking the tenant to contact you is both sensible. It’s also required in some circumstances before you can progress to court.
If you’re considering a court claim for the debt (separate from or alongside possession) you need to follow the Pre-Action Protocol for Debt Claims. This requires you to send a Letter Before Action giving the tenant at least 30 days to respond, pay or propose a payment arrangement before you issue proceedings.
Early action also matters practically. The longer arrears accumulate, the harder they can be to recover – and the more stressful the situation becomes for everyone involved.
Section 8 Notice: The Route to Possession
If arrears continue and you want to recover possession of your property, you’ll need to serve a Section 8 notice using the prescribed form. From 1 May 2026, this is Form 3A. The notice must specify the grounds you are relying on.
For rent arrears, the most relevant grounds are Ground 8, Ground 10 and Ground 11, each of which operates differently.
Ground 8: Serious Arrears (Mandatory)
Ground 8 is the most powerful arrears ground because it’s mandatory. If the court is satisfied the ground is made out, it must order possession. In other words, there’s no judicial discretion.
From 1 May 2026, the threshold for Ground 8 increased from two months to three months’ arrears (or 13 weeks for weekly tenancies). Critically, the arrears must meet the threshold at two points:
- When the Section 8 notice is served
- And again at the court hearing
If a tenant pays down arrears below the threshold before the hearing, Ground 8 fails, though you can still rely on Grounds 10 and 11.
One important provision under the Renters’ Rights Act: if arrears arise solely because of delays in the housing costs element of Universal Credit, those arrears are disregarded when calculating whether the Ground 8 threshold is met.
Ground 10: Some Rent Unpaid (Discretionary)
Ground 10 applies whenever some rent is lawfully due and unpaid. So, there’s no minimum threshold. It’s a discretionary ground, meaning the court will consider all the circumstances before deciding whether to grant possession. A landlord can rely on Ground 10 even where arrears are modest, but you should be realistic that courts will weigh up the tenant’s situation carefully.
Ground 11: Persistent Late Payment (Discretionary)
Ground 11 covers persistent late payment of rent, even where no arrears are outstanding at the time of the hearing. If a tenant has a consistent pattern of paying late month after month, you can serve a Section 8 notice on Ground 11 and ask the court to take that pattern into account. Bank statements and payment records will be essential evidence.
Notice Periods Under the New Rules
From 1 May 2026, all three arrears grounds require four weeks’ notice before you can begin possession proceedings. That’s increased from two weeks for Ground 8 under the previous rules. Once the notice period expires, you have 12 months to issue a claim in the County Court before the notice lapses.
Possession proceedings started on a valid Section 8 notice served before 1 May 2026 and issued before 31 July 2026 continue under the old rules. If you served a notice before that date and have not yet issued proceedings, take advice promptly.
The Possession Claim Process
Once the notice period expires and the tenant hasn’t vacated or paid, you can issue a possession claim in the County Court. That can be done through the Possession Claims Online portal or by filing at court. The court will list a hearing, typically around six to eight weeks after the claim is issued, though timescales vary by court.
At the hearing, if you’re relying on Ground 8 and the arrears still meet the threshold, the court must grant a possession order. For discretionary grounds, the judge will hear both sides. And if possession is ordered, the tenant is usually given 14 to 28 days to vacate.
If the tenant doesn’t leave voluntarily, things naturally become more complex. You’ll need to apply for a warrant of possession and arrange for court bailiffs to carry out the eviction. Crucially, you can’t re-enter the property yourself. Doing so is a criminal offence under the Protection from Eviction Act 1977.
Recovering the Debt: Money Claims
Possession proceedings get your property back. But they don’t automatically recover the money owed. To pursue unpaid rent as a debt, you need either a money judgment included in the possession claim or a separate money claim through the County Court.
The Money Claim Online (MCOL) service allows landlords to issue claims of up to £100,000 against tenants or guarantors for unpaid rent, either during the tenancy or after it has ended. The claim is served on the defendant, who has 14 days to respond. If they don’t, you can request a default judgment.
If the claim is contested, it will proceed through the small claims track (for amounts up to £10,000) or the fast track, depending on the sum involved. For contested claims, legal representation is strongly advisable.
Enforcing a County Court Judgment
If the court awards a County Court Judgment (CCJ) in your favour and the tenant doesn’t pay, you have several enforcement options.
- Attachment of earnings: The court orders the tenant’s employer to deduct a regular sum from wages and pay it to you until the debt is cleared.
- Warrant of control: Enforcement agents are authorised to seize and sell the tenant’s goods to satisfy the judgment.
- Third-party debt order: Money in the tenant’s bank account is frozen and paid directly to you.
- Charging order: If the tenant owns property, a charge is placed on it so the debt is repaid when the property is sold.
A CCJ remains on the tenant’s credit file for six years unless paid in full within 30 days of the judgment. You have six years from the date arrears were due to bring a money claim, so acting sooner makes the debt easier to trace and enforce.
Can a Guarantor Be Pursued?
A guarantor is a parent, relative or employer who agreed to be liable for the tenant’s obligations. If your tenancy agreement includes a guarantor, you may be able to pursue them directly for unpaid rent.
The guarantor’s liability depends on the precise wording of the guarantee deed. Some guarantees are limited to the original fixed term while others continue into a periodic tenancy. We’d recommend taking legal advice before assuming a guarantee covers the full debt.
Practical Checklist for Landlords Facing Rent Arrears
- Contact the tenant as soon as arrears arise and document every communication in writing.
- Send a formal Letter Before Action if you intend to issue a money claim. The Pre-Action Protocol requires 30 days’ notice.
- Check you have a valid tenancy agreement, a correctly protected deposit with prescribed information served, a valid EPC and gas safety certificate. Gaps in compliance can prevent you serving a valid Section 8 notice.
- Serve a Section 8 notice on Form 3A specifying Grounds 8, 10 and/or 11 as applicable.
- Wait the full four-week notice period before issuing possession proceedings.
- Consider whether to include a money claim in your possession proceedings or issue a separate MCOL claim.
- Take legal advice as the rules changed significantly on 1 May 2026 and procedural errors can cause significant delays.
Speak to a Property Solicitor Today
Osbourne Pinner advises private landlords across London and Harrow on all aspects of rent arrears recovery. Services extend from drafting Letters Before Action through to contested possession hearings and CCJ enforcement. We handle straightforward arrears cases and more complex disputes involving guarantors, multiple tenants and tenants in receipt of Universal Credit.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
If your tenant is in arrears and you need clear advice on your legal options, our property litigation team is here to help.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
