Rent Arrears & Payment Plans

Tell your landlord as soon as you can

If you know you are going to miss a payment or are already behind, contact your landlord or letting agent immediately. Do not wait and hope the situation resolves itself — silence makes landlords assume the worst, and it makes your legal position weaker if the matter escalates.

• ✓Put your communication in writing — email is fine. Keep a copy of everything you send and receive.
• ✓Explain your situation clearly. A genuine explanation helps the landlord understand this is a temporary difficulty, not deliberate non-payment.
• ✓Propose a solution if you have one — even a rough idea of what you can pay and when shows you are taking responsibility.

Engage before you reach for legal tools

A tenant in arrears is not automatically a tenant you need to evict. Most arrears are caused by a temporary financial difficulty — job loss, a benefit delay, illness, or an unexpected expense. Early engagement saves time and money for both parties.

• ✓Contact the tenant as soon as a payment is missed — by message or email. Keep records of every attempt and every response.
• !Courts expect landlords to have made genuine attempts to resolve arrears before taking possession action. This is especially important under the RRA 2025 framework.

What a payment plan must cover

A verbal agreement is not enough — any payment plan should be set out in writing and confirmed by both parties. A well-drafted plan includes:

Making the plan work in practice

A payment plan only works if both parties understand and commit to it. A few practical points that make the difference between a plan that holds and one that falls apart:

• ✓Set repayment amounts that are realistic given the tenant’s income. A plan the tenant cannot afford will fail within weeks.
• ✓Use a separate bank reference for arrears repayments so both parties can easily track what has and has not been paid.
• ✓Review progress monthly. A brief email acknowledgement each time a payment is made helps both parties stay aligned.
• !If a tenant misses a payment, contact them immediately. Do not let further missed payments accumulate before acting.

When you can serve a Section 8 notice

Section 8 is now the only possession route in the private rented sector. For rent arrears, the most commonly used grounds are:

• !Ground 8 (mandatory): arrears of at least two months’ rent at the time the notice is served and at the date of the court hearing. If proven, the court must grant possession.
• !Ground 10 (discretionary): some rent is unpaid — no minimum threshold, but the court has discretion over whether to grant possession.
• !Ground 11 (discretionary): persistent late payment, even if there are no current arrears. The pattern of payment matters, not just the current balance.

The possession process step by step

Benefits and free advice available to you

If you are struggling to pay rent, help is available. Several national services exist specifically to help tenants in financial difficulty — and using them early can prevent arrears from becoming unmanageable.

• ✓Universal Credit housing element — if you are on a low income or out of work, the housing cost element can help cover your rent. You may also be able to apply for a Discretionary Housing Payment from your local council.
• ✓Citizens Advice — free, confidential advice on debt, housing rights and navigating the legal process. citizensadvice.org.uk
• ✓Shelter — specialist housing and eviction advice, including help preparing for court hearings. shelter.org.uk

Mediation: resolve without going to court

Court proceedings are slow, expensive and stressful. Mediation offers a faster, cheaper and less adversarial route — and from 1 May 2026, courts expect both parties to have explored alternatives to possession before a claim is filed.

• ✓Mediation sessions are significantly cheaper than court proceedings and can produce a binding written agreement.
• ✓Both parties retain more control over the outcome than in court, where a judge decides.
• ✓Works best where arrears have built up due to a specific event and both parties want to find a resolution.
• !Attempting mediation also strengthens a landlord’s court case by demonstrating good faith if possession proceedings are later necessary.

Preparing for county court proceedings

County court possession proceedings for rent arrears under Section 8 are document-heavy. Preparing properly before you file significantly increases the chance of a straightforward outcome.

• !You need a clear rent account showing all payments and arrears from the start of the tenancy to the date of the hearing.
• !You need copies of the tenancy agreement, the Section 8 notice, and proof of service.
• !For discretionary grounds, you also need evidence of your attempts to resolve the situation — including any payment plan correspondence.

What happens if a possession order is made

If a judge grants a possession order, you will be given a date by which you must leave — typically 14 to 28 days, though this can be extended in cases of genuine hardship.

• ✓You can ask the court to suspend or postpone the possession order if you can show you are able to pay the arrears and future rent (a “suspended possession order”).
• ✓Contact your local council’s housing team immediately if a possession order is made — they have a duty to help prevent homelessness.
• !If you do not leave by the date on the order, the landlord can apply for a warrant of possession and a bailiff will attend on a specific date.
• ✓You may be able to apply to suspend a warrant in certain circumstances — get legal advice quickly if you receive a warrant date.