Start with an accurate account and the reason for non-payment. This guide concerns private assured periodic tenancies in England under the rules in force from May 2026. Other tenancy types need a separate check.
First establish what is unpaid
- Compare every rent due date with receipts from the tenant, an agent and benefits. Check wrong payment references and agreed credits before reporting an arrears figure.
- Separate rent from damage, fees and other charges. A possession threshold based on rent should not be inflated with a contractor's invoice or an unverified penalty.
- Send a clear statement showing the period, rent due, payments and balance. Invite the tenant to identify an error and correct a proven mistake with an audit trail.
Contact the tenant and agree a practical next step
- Ask privately whether the problem is a short delay, loss of income, benefits administration, a repair dispute or something else. Use a respectful written message and offer a way to discuss it.
- If payment is expected, record the amount, date and what happens if it does not arrive. If the shortfall will continue, encourage independent money advice and discuss an affordable plan covering current rent as well as arrears.
- Where Universal Credit is involved, check whether a managed payment or arrears deduction is appropriate. It may not cover the full rent or start immediately, so retain a plan for the shortfall.
Check obstacles before formal action
- Review any repair or fitness allegation, counterclaim, deposit issue and notified Breathing Space. Do not assume the ledger balance is legally undisputed.
- Notify a rent-guarantee or legal-expenses insurer within the policy's requirements and ask before incurring costs the policy may need to approve.
- Keep the tenant's offers and explanations, including payments after a notice. A reliable file includes facts that weaken as well as support the proposed claim.
If possession is necessary
- Use the current section 8 process and form 3A for an in-scope assured periodic tenancy. Section 21 is not an available new notice under this regime.
- Ground 8 usually requires at least three months' monthly rent, or 13 weeks for weekly or fortnightly rent, at both service and hearing, with a four-week notice period. Check the full statutory calculation, including relevant unpaid Universal Credit amounts.
- Grounds 10 and 11 concern arrears or persistent delay and are discretionary. A court considers reasonableness. Obtain advice on which grounds the facts support and on deposit-related restrictions.
- If the tenant remains after a valid notice, use the court and lawful enforcement process. A notice expiry is not permission to enter and take possession.
Example: two missed months at £900
In this fictional example, two full monthly payments produce £1,800 arrears before any credits. That does not meet the ordinary post-May 2026 three-month Ground 8 threshold. The landlord can still contact the tenant, offer a plan and obtain advice about other available routes. They should not use the former two-month threshold from an old article.
What to do
- Reconcile the rent account and send a dated statement.
- Agree the next payment or contact date and record any support or dispute.
- If formal action is needed, have the current ground, form, evidence and service checked.
Evidence to keep
- Agreement, rent schedule and bank receipts, with disputed amounts identified.
- Payment proposals, benefits information relevant to the issue, notices and service evidence.
Sources and guidance
- Grounds for possession: current grounds and notice periodsUK Government · checked 20 October 2026
- Giving notice to evict tenants in EnglandUK Government · checked 20 October 2026
- Debt Respite Scheme: guidance for creditorsInsolvency Service · checked 20 October 2026
- Universal Credit: rented housing guide for landlordsDepartment for Work and Pensions · checked 20 October 2026
Related guides
- Build a rent arrears schedule that can be checked
- Agree an arrears payment plan the tenant can sustain
- Respond when a tenant withholds rent because of repairs
- Check an English section 8 rent-arrears case before notice
- Use the English rent increase process
- Keep an accurate arrears record and discuss payment