When a tenant stops paying rent: a UK landlord's step-by-step

A missed payment isn’t automatically a crisis. Most arrears start with something ordinary — a job loss, a benefit delay, a change of circumstances — and most are sorted long before a court is involved.

But the rules around what you can do if it doesn’t resolve changed in 2026, and getting the order of things right matters. Here’s the step-by-step for England, from the first missed payment onwards.

This is general guidance, not legal advice — eviction is high-stakes and easy to get wrong, so take proper advice before you act.

Start with a conversation, not a notice

The first step is the cheapest and the most effective: talk to the tenant. Find out why the payment hasn’t come, and when it will. A tenant who’s hit a temporary problem usually wants to fix it, and a sensible payment plan — clearing the arrears in instalments alongside the ongoing rent — resolves most cases faster, and far more cheaply, than going to court.

If the tenant is on Universal Credit, it’s worth knowing the housing element can in some cases be paid directly to you, which can stop arrears building while things are sorted.

Keep a clear record from day one

From the first missed payment, keep a clean record: the dates, the amounts owed, and every message between you. If it ever does reach court, that record is what your case rests on — and if it doesn’t, it’s what keeps the conversation factual rather than heated.

The formal route changed in 2026

If the arrears keep building and talking hasn’t worked, the formal route is where the big change bites. Section 21 — the old “no-fault” eviction — is gone, abolished by the Renters’ Rights Act on 1 May 2026. Every tenancy is now a periodic assured tenancy, and to seek possession you have to use one of the Section 8 grounds and prove it.

The grounds for rent arrears

For unpaid rent, there are two routes under Section 8:

• Ground 8 — the mandatory one. If the tenant is at least three months in arrears (or 13 weeks, where rent is weekly) both when you serve notice and at the court hearing, the court must grant possession. The Renters’ Rights Act raised that threshold from two months and lengthened the notice to four weeks. Arrears caused by unpaid Universal Credit housing costs are disregarded — they don’t count towards the total.
• Grounds 10 and 11 — the discretionary ones. These cover some arrears (Ground 10) and persistent late payment even if little is owed right now (Ground 11). They’re discretionary, so the court decides whether eviction is reasonable rather than being obliged to grant it.

Because Ground 8 now needs three full months, the practical lesson is the same as ever, only sharper: the earlier you act, the more options you have.

The cheapest arrears case is the one you catch in month one — not month three.

What the court process looks like

If it goes the distance, the shape of it is: serve a valid Section 8 notice giving the right grounds and notice period; if the arrears aren’t cleared, apply to the court for a possession order; attend the hearing; and if possession is granted but the tenant still doesn’t leave, apply for a warrant so county court bailiffs can carry it out.

It takes time, and the paperwork has to be right — a defective notice can sink the whole claim — which is the point at which proper legal advice usually pays for itself.

What you must never do

You cannot take possession yourself. Changing the locks, removing the tenant’s belongings, cutting off services, or pressuring them to leave is illegal eviction or harassment — a criminal offence, whatever the arrears. Possession only ever comes through the court process. If in doubt, that’s the line: go through the court, never round it.

Catch it early

Nearly every difficult arrears case was an easy one a few months earlier. The thing that turns a quiet word into a court claim is simply not noticing the rent has slipped until it’s badly behind.

That’s where keeping rent visible earns its place. ZuroProp records each payment against its tenancy as it lands and flags a missed or late one straight away — so you’re having the conversation in month one, while it’s still a conversation, rather than discovering a three-month hole at the worst possible time.

Common questions

How much rent arrears before I can evict?

For the mandatory ground (Ground 8), the tenant must be at least three months in arrears (13 weeks if rent is weekly) both when you serve notice and at the hearing. Lower arrears can be pursued under the discretionary grounds, where the court decides.

Can I still use a Section 21 notice?

No. Section 21 was abolished on 1 May 2026. A Section 21 notice served before that date could only be used to apply to court up to 31 July 2026; after that, possession is via Section 8 grounds.

How long does it take to evict for rent arrears?

There’s no fixed timescale. After the four-week notice you may need to apply to court, attend a hearing and, if necessary, arrange bailiffs — which realistically runs to months, not weeks, especially if the claim is defended.

Can I evict a tenant who’s on benefits?

The same grounds and process apply, but arrears caused by unpaid Universal Credit housing costs are disregarded for Ground 8 — so it’s worth resolving any benefit issue first.

Can I just change the locks?

No. Removing a tenant yourself, changing the locks or cutting off services is a criminal offence. Possession has to go through the courts.