For landlords

What can a landlord do if a tenant stops paying rent in England?

Guide · about 10 min read · Covers the law in England as at October 2026 · Reviewed on 26 October 2026

If a tenant in England has stopped paying rent, a landlord and tenant may first try to resolve the issue by talking and agreeing a repayment plan. A landlord cannot change the locks or remove the tenant themselves. Possession needs a court order, and an eviction is carried out by a court bailiff under a warrant or by a High Court enforcement officer under a writ.

To recover possession for arrears, a landlord may serve a notice under section 8 of the Housing Act 1988, citing a rent arrears ground, before applying to court. Where a possession order is made, the tenancy ends when it is executed.

Ground 8, a mandatory ground, requires at least three months' rent to be unpaid (or 13 weeks' for weekly or fortnightly rent) both when the notice is served and at the hearing. Grounds 10 and 11 are discretionary. All three grounds need four weeks' notice.

This guide covers private assured tenancies in England only. It is general information, not legal advice. Section 21 'no-fault' eviction ended for private assured tenancies in England on 1 May 2026, under section 2 of the Renters' Rights Act 2025, and our guide to when section 21 was abolished explains that change.

What should a landlord do first when a tenant stops paying rent?

The GOV.UK guidance on giving notice suggests trying to resolve issues with a tenant before starting eviction proceedings and points to resources on repayment plans.

As a matter of general practice, asking early why a payment was missed helps, and a dated record of rent due, amounts paid and any agreements reached can be important evidence for a deposit scheme or court. Record only what is relevant to the arrears, tell the tenant what you keep, keep it secure and do not keep it longer than needed. Any repayment plan is best put in writing. See what records a landlord should keep.

On VEYLO X, the landlord writes the tenancy record, VEYLO X keeps it, and the renter sees the same one.

Can a landlord change the locks if a tenant owes rent?

No. A landlord can end an assured tenancy only by obtaining a court order for possession and having it executed. This is required by section 5(1) of the Housing Act 1988, with a few narrow exceptions.

Under section 1 of the Protection from Eviction Act 1977, it is an offence to unlawfully deprive a residential occupier of their home, or to attempt to. It is also an offence for a landlord to interfere with the tenant's peace or comfort, or persistently withhold services, if they know or have reasonable cause to believe this is likely to make the tenant leave or give up their rights. For that harassment offence under section 1(3A) only, it is a defence for the landlord to prove they had reasonable grounds for what they did.

On conviction in the Crown Court, the penalty can be up to two years' imprisonment, a fine, or both. From 1 May 2026, section 1A allows a council in England to impose a financial penalty of up to £40,000 as an alternative.

The GOV.UK page on harassment and illegal evictions gives changing the locks, threatening to change the locks and stopping services such as electricity as examples.

What are the grounds for possession for rent arrears?

There are three rent arrears grounds, all in Schedule 2 to the Housing Act 1988.

Under section 7 of the Act, if a Part I ground is established, the court must make a possession order, subject to limited exceptions. If a Part II ground is established, the court has discretion and will only make an order if it considers it reasonable to do so.

Ground	In summary (qualifications in the sections below)	Type	Notice period
Ground 8	At the time the notice is served and at the court hearing, at least three months' rent is unpaid (if rent is paid monthly) or thirteen weeks' rent is unpaid (if rent is paid weekly or fortnightly).	Mandatory (Part I)	4 weeks
Ground 10	Some rent was in arrears when the notice was served, and some is still unpaid when proceedings begin.	Discretionary (Part II)	4 weeks
Ground 11	The tenant has persistently delayed paying rent that has become lawfully due, whether or not any is owed when proceedings begin.	Discretionary (Part II)	4 weeks

How many months of rent arrears are needed for Ground 8?

The Renters' Rights Act 2025, Schedule 1, paragraph 24, brought in changes to Ground 8 from 1 May 2026. For rent paid weekly or fortnightly, at least 13 weeks' rent must be unpaid. For rent paid monthly, at least three months' rent must be unpaid.

The arrears threshold must be met on the date the section 8 notice is served and on the date of the court hearing. Government guidance says that if arrears have fallen below that amount by the hearing, possession cannot be ordered on this ground.

The amended Ground 8 in the Housing Act 1988 states that where the tenant is entitled to a housing amount in a Universal Credit award, "any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored".

What are Grounds 10 and 11?

Ground 10 applies when some rent lawfully due is unpaid when proceedings begin, and was also in arrears when the section 8 notice was served (unless the court has dispensed with the notice). Ground 11 applies when a tenant has persistently delayed paying rent that has become lawfully due, whether or not any rent is owed when proceedings start.

Both grounds are discretionary. Using its powers in section 9 of the Housing Act 1988, the court can adjourn proceedings, or stay, suspend or postpone an order. If it does so, it must impose conditions about paying the arrears and future rent, unless that would cause exceptional hardship to the tenant or would otherwise be unreasonable. These powers do not apply where the court is satisfied that a Part I ground, such as Ground 8, is made out.

How much notice does a landlord give for rent arrears under section 8?

Under section 8(4AA) of the Housing Act 1988, the notice period for the rent grounds 8, 10 and 11 is four weeks beginning with the date the notice is served. If a notice includes other grounds in addition to these (excluding grounds 7A or 14), the longest notice period among all the grounds cited will apply to the whole notice.

The notice must be in the legally required format, specifying the grounds and particulars of them. The GOV.UK assured tenancy forms page provides Form 3A for private assured tenancies in England, also known as a section 8 notice.

Court proceedings cannot start later than 12 months after the notice is served, though other rules, such as those for a debt 'breathing space', can affect time limits. For Ground 8, the court has no power to dispense with the notice.

Is there a pre-action protocol for landlords in the private sector?

There is no dedicated protocol for private possession claims, but the court still expects pre-action conduct. The Practice Direction on Pre-Action Conduct and Protocols applies where no approved protocol applies. It says that before proceedings the court will expect the parties to have exchanged enough information to understand each other's position and try to settle, and that the court will take non-compliance into account in managing the case and in orders for costs.

The Pre-Action Protocol for Possession Claims by Social Landlords states that it applies to residential possession claims brought by social landlords, including councils and housing associations.

For a claim about unpaid rent only, the Pre-Action Protocol for Debt Claims may apply. It is for any business, which can include a landlord, when claiming payment of a debt from an individual.

What if a tenant enters a debt breathing space?

A standard breathing space lasts up to 60 days. A mental health crisis breathing space lasts for the period of the person's crisis treatment, plus 30 days.

The government's breathing space guidance for creditors and the Debt Respite Scheme regulations 2020 set out the rules for debts included in the breathing space, such as rent arrears from before it started. A creditor must not require payment of interest or charges that accrue on those debts during the breathing space. Unless the court gives permission, a creditor must not take enforcement action on those debts, which the guidance says includes:

serving a notice seeking possession on the grounds of rent arrears due up to the start of the breathing space;
taking possession on such a notice served before the breathing space began;
starting legal proceedings about the debt.

The guidance also says a creditor must not generally contact the tenant about collecting or enforcing the debt. It can still respond to the tenant's own query or complaint, talk about the debt if the tenant asks, contact them about matters unrelated to it, such as rent now falling due, and contact them about action the court has allowed.

Under regulation 8 and regulation 9 of the 2020 Regulations, a time limit for bringing a claim or taking enforcement action about a breathing space debt can be extended. This applies where the breathing space started before the time limit expired, and the time limit would otherwise expire before the end of 8 weeks beginning with the day the breathing space ends. The time limit then expires at the end of that 8 week period instead.

The guidance says rent that falls due during a standard breathing space is an ongoing liability that the tenant needs to keep paying if they can.

If court proceedings about the debt have already started, the creditor must tell the court in writing as soon as it is notified of the breathing space. A court order cannot be enforced during the breathing space without the court's permission.

What happens to the tenancy deposit when a tenant is in arrears?

Under Section 215 of the Housing Act 2004, as substituted from 1 May 2026, where a tenancy deposit has been paid for a private assured tenancy, a court may make a possession order only if the deposit is held in an authorised scheme. The scheme's initial requirements and the prescribed information requirements must also have been met. These conditions do not apply if the deposit has been returned in full or with deductions agreed between the landlord and tenant, or if an application to the county court under section 214 of the Housing Act 2004 has been decided, withdrawn or settled. The conditions also do not apply to an order made on Ground 7A or 14. Separately, under section 215(6), if a deposit could not lawfully be required because of section 213(7), which bans requiring a deposit of property other than money, the court may not make a possession order until that property is returned to the person who gave it.

At the end of the tenancy, the GOV.UK deposit protection page states that schemes return the deposit if the tenant meets the tenancy terms, does not damage the property and pays their rent and bills. Any deduction for arrears is part of agreeing how much of the deposit should be returned. If the landlord and tenant disagree about how much, the scheme offers a free dispute resolution service. The service is voluntary, both the landlord and the tenant have to agree to use it, and its decision is final.

If someone guaranteed the rent, what they can be asked to pay depends on the wording of the guarantee. Our guide to guarantors explains how they are used.

What can the court order in a rent arrears claim?

The GOV.UK page on possession hearings says a judge could make a possession order or a money order, adjourn the hearing, or dismiss the case.

An 'outright order' for possession states a date by which the tenant must leave the property. A 'suspended order' for possession may let the tenant stay, on the condition that they make the payments and keep to the other terms set out in the order. Suspension relies on the court's section 9 powers, so it is not available where Ground 8 or another Part I ground is made out. A 'money order' requires a tenant to pay a set amount, which usually includes the arrears, court fees and any legal costs.

If a tenant does not leave by the date given in an outright order, the landlord can apply to the court for a warrant for possession. The GOV.UK guidance states that this application costs £148 and that a court bailiff would carry out an eviction.

Does VEYLO X chase rent or serve notices?

No. VEYLO X is a software platform for renting and letting in England. On VEYLO X, the landlord writes the tenancy record, VEYLO X keeps it, and the renter sees the same record.

VEYLO X does not chase rent, serve a section 8 notice or any other notice, handle deposit registration or protection, or participate in possession claims or disputes.

Common questions

How many months of rent arrears before a landlord can seek possession in England?

For the mandatory rent arrears ground (Ground 8), at least three months' rent must be unpaid where rent is paid monthly. The threshold is at least 13 weeks' rent where it is paid weekly or fortnightly. This level of arrears must exist both when the section 8 notice is served and at the court hearing. For the discretionary grounds, there is no minimum amount of arrears. Ground 10 applies if some rent is unpaid, and Ground 11 relates to persistent late payment. For these, a court decides if a possession order is reasonable.

Can I change the locks if my tenant stops paying rent?

No. A landlord can end an assured tenancy only through a court order for possession and its execution, apart from some specific routes in the Housing Act 1988. GOV.UK gives changing the locks as an example of illegal eviction. Unlawful eviction and harassment are criminal offences under the Protection from Eviction Act 1977. A local council in England can instead issue a financial penalty of up to £40,000.

How much notice does a landlord give for rent arrears under section 8?

For Grounds 8, 10 and 11, the notice period is four weeks. The notice must be in the correct legal form (Form 3A for private assured tenancies in England). Court proceedings cannot begin more than 12 months after the notice is served, unless a debt breathing space has extended that limit. If other grounds are included on the same notice, and Ground 7A or 14 is not among them, the longest notice period among them applies.

Does unpaid Universal Credit count towards Ground 8 arrears?

Not if the rent was unpaid only because the payment had not yet reached the tenant. Since 1 May 2026, where a tenant is entitled to a housing amount in a Universal Credit award, an amount unpaid only because the tenant had not yet received that payment is ignored when working out the Ground 8 threshold.

Sources

The primary sources behind this guide. Where the law and a summary disagree, the law is what counts.

This article is general information, not legal advice. It relates to England only, with the position stated as at October 2026. Possession rules can be complex, with exceptions and transitional provisions (for example, for notices given before 1 May 2026) that this guide does not address. For the current official rules, please refer to the GOV.UK guidance on evicting tenants. It may be appropriate to seek advice from a housing solicitor on a specific situation. Tenants can get free, independent advice from organisations such as Shelter or Citizens Advice.

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