Falling behind on rent is one of the most stressful situations in the private rented sector — for tenants and landlords alike. This guide explains your options, the legal process, and how to reach a resolution without the dispute escalating to court.
The single most effective thing either party can do when rent payments are at risk is to open a conversation early. Landlords and tenants who communicate honestly and quickly avoid the vast majority of disputes that end up in court.
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 — it rarely does, and silence makes landlords assume the worst.
A tenant in arrears is not automatically a tenant you need to evict. The majority of arrears situations 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.
A written payment plan is the most practical tool for resolving rent arrears without legal action. It protects both parties, sets clear expectations, and gives the arrangement legal weight if it needs to be referred to later.
A verbal agreement is not enough — any payment plan should be set out in writing and signed (or confirmed by email) by both parties. A well-drafted plan includes:
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:
If a payment plan cannot be agreed or breaks down, and arrears reach the legal threshold, a Section 8 notice is the correct legal route. This is now the only possession route available in the private rented sector.
Section 8 allows landlords to apply to the court for possession where a tenant has breached the tenancy agreement. For rent arrears, the most commonly used grounds are:
Serve the notice correctly in writing, with the correct notice period for the ground(s) you are using. Ground 8 currently requires 14 days' notice, though this may change — always check current rules before serving.
If the tenant does not leave or clear the arrears within the notice period, apply to the county court for a possession order. You will need to pay a court fee and submit evidence of the arrears.
Both parties can attend the hearing. For mandatory grounds, the court must grant possession if the arrears are proven. For discretionary grounds, the court will consider all the circumstances including whether you behaved reasonably.
If the court grants possession and the tenant does not leave, you must apply for a warrant of possession. A certificated bailiff carries out the eviction — never attempt to remove a tenant yourself.
If you are struggling to pay rent, help is available. Several national support services and benefit routes exist specifically to help tenants in financial difficulty — and using them early can prevent arrears from becoming unmanageable.
If you are on a low income or out of work, the housing cost element of Universal Credit can help cover your rent. You may also be able to apply for a Discretionary Housing Payment from your local council if the standard housing element does not cover your full rent.
Both Citizens Advice and Shelter offer free, confidential advice to tenants facing rent arrears or eviction. They can help you understand your rights, negotiate with your landlord, and navigate the legal process if it escalates.
Your local council has a legal duty to help people at risk of homelessness — which includes tenants who have received a Section 8 notice. Contact your council's housing team as soon as you receive any formal notice from your landlord. Do not wait until a court order has been issued.
Court proceedings are slow, expensive, and stressful for both parties. Mediation offers a faster, cheaper, and less adversarial way to reach a binding resolution — and courts increasingly expect both parties to have attempted it before issuing possession claims.
A trained mediator works with both the landlord and tenant to find a solution that both parties can agree to. The mediator does not take sides or make a ruling — they facilitate the conversation and help both parties reach a workable outcome.
Mediation works best when both parties want to resolve the situation but cannot reach an agreement directly. It is particularly well-suited to arrears disputes where:
If all other options have been exhausted and the arrears remain unresolved, possession proceedings through the county court are the correct and only legal route. Here is what to expect and how TLA can help.
County court possession proceedings for rent arrears under Section 8 are document-heavy and require solid evidence. Preparing properly before you file significantly increases the chance of a straightforward outcome.
If a judge grants a possession order, you will be given a date by which you must leave. The order typically gives you 14 to 28 days, though this can be extended in cases of genuine hardship.
TLA members have access to a full library of up-to-date templates and legal documents covering every stage of the rent arrears process. All documents have been reviewed for the post-1 May 2026 legal framework.
A professionally drafted payment plan agreement covering all required terms. Ready to complete and sign.
Download template →The correct prescribed form for serving a Section 8 notice, updated for the Renters' Rights Act 2025.
Download template →Ask a legal question, access specialist advice, or find a TLA legal partner for representation on possession cases.
Visit Legal Hub →Whether you are a landlord dealing with a tenant who has stopped paying or a tenant trying to avoid losing your home, TLA can help you find the right path forward — without unnecessary cost or delay.
The Landlord Association (TLA)