Quick answer
If a tenant falls behind with rent in England, the landlord should contact them early, agree a written repayment plan where possible, and keep an accurate rent statement. If the tenant receives Universal Credit, the landlord can ask for a managed payment once arrears reach 2 months. If arrears continue, the landlord can serve a section 8 notice: ground 8 (mandatory) needs at least 3 months' arrears, while grounds 10 and 11 (discretionary) cover smaller or persistent arrears. All three need 4 weeks' notice.
- Act early: most arrears are easier to resolve in the first month.
- Ground 8 needs 3 months' (or 13 weeks') arrears at notice and at the hearing.
- Grounds 10 and 11 need 4 weeks' notice and the court decides if possession is reasonable.
- Breathing Space can pause enforcement for debts in the scheme.
First steps when rent is missed
- Check your records. Confirm the payment really is missing, not delayed or sent to the wrong account.
- Make contact quickly and politely, by phone and in writing. Ask what has happened.
- Listen for causes such as job loss, illness, a benefit delay or a relationship breakdown.
- Agree a realistic plan to pay the current rent plus an amount towards the arrears, and confirm it in writing.
- Signpost free debt advice, such as Citizens Advice, StepChange or National Debtline.
- Keep a running rent statement showing what was due, paid and owed.
Our guide to keeping rent payment records has a simple template.
Writing a repayment plan
A good repayment plan is specific and affordable. It should record:
- the total arrears on a stated date,
- the normal rent, which must still be paid in full,
- the extra amount towards arrears and how often it is paid,
- the date the arrears should be cleared,
- what happens if a payment is missed,
- a review date if circumstances change.
Both sides should sign or confirm it by email. A plan that is kept is often the best outcome for everyone, because possession claims are slow and costly.
Universal Credit and managed payments
If the tenant receives the housing element of Universal Credit, the landlord can ask the Department for Work and Pensions for a managed payment, so the housing costs are paid directly to the landlord. This is usually available where the tenant has rent arrears of 2 months or more, or has repeatedly paid late. The DWP may also deduct an amount towards arrears.
Ground 8 has special protection where arrears are caused by delays in Universal Credit payments, so landlords should check the cause before relying on it.
Breathing Space
Breathing Space is a government debt respite scheme. A tenant who applies through a debt adviser can get a standard 60 day period during which creditors, including landlords, must stop enforcement action and contact about debts included in the scheme. There is also a mental health crisis Breathing Space that lasts for the length of crisis treatment plus 30 days.
During Breathing Space, the tenant must keep paying ongoing rent. If you receive a Breathing Space notice as a landlord, follow the creditor guidance on GOV.UK and pause any action on the arrears it covers.
Legal options: grounds 8, 10 and 11
| Ground | When it applies | Type | Notice |
|---|---|---|---|
| 8 | At least 3 months' rent (monthly) or 13 weeks' (weekly or fortnightly) owed at notice and at the hearing | Mandatory | 4 weeks |
| 10 | Some rent is owed when notice is served and when proceedings begin | Discretionary | 4 weeks |
| 11 | The tenant has persistently delayed paying rent | Discretionary | 4 weeks |
Landlords often use all three together, so the court can still make an order on a discretionary ground if arrears drop below the ground 8 threshold by the hearing. Read the section 8 guide and how to evict a tenant legally.
Never change the locks, remove belongings or cut off utilities because of arrears. That is illegal eviction, with civil penalties of up to £40,000.
If you are a tenant in arrears
- Talk to your landlord early, even if you cannot pay. Silence makes things harder.
- Get free debt advice. An adviser can check your benefits, help with a budget and apply for Breathing Space if suitable.
- Ask your council about a Discretionary Housing Payment if you receive housing support.
- Offer a realistic repayment plan and stick to it.
- If you receive a section 8 notice, get advice. You do not have to leave on the date in the notice.
Preventing arrears from the start
Clear terms help. A good tenancy agreement states the rent, the payment day and how to pay. Matching the payment day to when the tenant is paid, using standing orders, and checking affordability at the start all reduce the risk. If a dispute develops, our dispute support helps both sides reach an agreement early.
Common questions
How many months of rent arrears before eviction?
For the mandatory ground 8, at least 3 months' rent (13 weeks if paid weekly). Discretionary grounds 10 and 11 can be used for less.
Can a landlord charge interest on rent arrears?
Only if the tenancy agreement allows it. Under the Tenant Fees Act 2019, interest on late rent is capped at 3% above the Bank of England base rate and can only be charged once rent is more than 14 days late.
Can I be evicted if I am paying off arrears?
Possibly, but if arrears are below the ground 8 threshold at the hearing, the court decides on discretionary grounds whether eviction is reasonable. Keeping to a plan helps.
What is a managed payment?
Where the housing element of Universal Credit is paid directly to the landlord, usually once arrears reach 2 months or payments are regularly late.
Official sources
We check these pages against official GOV.UK guidance. This page is general information for England, not legal advice for your situation.
Set clear rent terms from the start
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