Stage 1 — first missed payment: communicating early and assessing the situation
The first response to a missed rent payment should be communication, not legal action. An immediate, friendly but clear message establishes a record and often resolves the issue quickly.
- Day 1-3 after missed payment: Send a text message and an email (or letter) confirming the rent due on [date] has not been received and asking when payment will be made. Keep the tone neutral and helpful. Keep a copy of the message
- Days 4-7 after missed payment: If no response and no payment, send a formal written rent arrears reminder confirming the amount outstanding, the rent due date, and requesting payment within 7 days. Retain on file
- Universal Credit and housing benefit delays: If the tenant is on Universal Credit, the first payment takes 5 weeks to arrive. Contact the DWP Landlord Portal to check whether UC housing costs are being paid and request an Alternative Payment Arrangement where 2 months' arrears have accrued
- Assessment visit: If the tenant is unresponsive, arrange an appointment to visit the property (giving 24 hours' written notice). At the visit, assess whether the tenant is genuinely struggling, whether there are signs of abandonment, or whether there is a dispute about the property condition
Stage 2 — negotiating a rent repayment plan and managing ongoing arrears
Where arrears continue beyond the first month and the tenant is in genuine financial difficulty, a formal rent repayment plan agreed in writing is often the best option for both parties.
- Written repayment plan: A rent repayment plan should be agreed in writing and signed by both parties, stating: the total arrears; the agreed monthly repayment amount; the dates by which each payment is due; and an acknowledgement that failure to comply gives the landlord the right to serve notice
- What a realistic plan looks like: Courts look unfavourably on possession claims where the landlord rejected a reasonable repayment offer. A realistic plan — current rent plus £50-100 per month towards arrears — demonstrates good faith and provides grounds for possession if it fails
- Keeping a payment log: From the first missed payment, maintain a detailed payment log recording: date due; amount due; date received; amount received; running arrears balance. This log is essential evidence in possession and money claim proceedings
- When to abandon the repayment plan route: If the tenant fails to comply with the agreed plan, or if the arrears continue to grow despite the plan, serve formal notice. Delaying allows arrears to accumulate beyond what may be recoverable
Stage 3 — formal notice: choosing the right ground under the Renters' Rights Act 2025
Under the Renters' Rights Act 2025, arrears-related possession grounds are Ground 8, Ground 8a, Ground 10, and Ground 11. Each has different thresholds and notice requirements.
- Ground 8 — mandatory two months arrears: Ground 8 is mandatory — if the tenant owes at least 2 months' rent both at the date of notice AND at the date of the possession hearing, the court must grant possession. The notice period is 2 weeks. A partial payment that drops arrears below 2 months before the hearing defeats the ground
- Ground 8a — persistent arrears (new for RRA 2025): Ground 8a is a new mandatory ground. It applies where the tenant has been in at least 2 months' arrears on at least 3 separate occasions in the preceding 36 months — even if the arrears were later paid off. The notice period for Ground 8a is 4 weeks
- Ground 10 — some rent due and unpaid: Ground 10 is discretionary — it applies where some rent was lawfully due and had not been paid at the date of notice AND at the date of the hearing. The notice period is 2 weeks. The court must find it reasonable to make a possession order
- Ground 11 — persistent delay in paying rent: Ground 11 is discretionary and applies where the tenant has persistently delayed in paying rent, even if no arrears are currently outstanding. The notice period is 2 weeks. Useful where a tenant pays eventually but consistently pays late
Stage 4 — money claim and debt recovery without possession
Possession is not always the right response to rent arrears. Where the landlord wishes to recover the debt but keep the tenancy, or where the tenant has already left, a money claim via Money Claim Online (MCOL) or the County Court is the appropriate route.
- Money Claim Online (MCOL): Landlords can issue a money claim for rent arrears via HMCTS Money Claim Online for claims up to £100,000. The claim fee is a percentage of the amount claimed. If the defendant does not respond within 14 days, the landlord can apply for a default judgment
- County Court Judgment (CCJ): If the money claim is successful, the court makes a CCJ for the amount owed. The CCJ remains on the defendant's credit record for 6 years and is enforceable through court enforcement mechanisms
- Attachment of Earnings Order (AEO): If the tenant is employed, the landlord can apply for an Attachment of Earnings Order (form N337) which instructs the defendant's employer to deduct a specified amount from the defendant's wages each month and pay it to the court
- Charging Order and Order for Sale: A charging order secures the CCJ against any property the defendant owns. If the defendant owns a property, a charging order can be registered at the Land Registry. The landlord can then apply for an Order for Sale to force the sale of that property to satisfy the debt