Steps Landlords Must Take Before Issuing Rent Arrears Possession Proceedings

Pre-Action Protocol Rent Arrears Guide 2026

Pre-Action Protocol for Possession Claims Based on Rent Arrears 2026: applies to all private landlords in England and Wales before issuing court possession proceedings on rent arrears grounds. Required steps: (1) contact tenant as soon as arrears arise; (2) provide Universal Credit/DHP/money advice information; (3) actively consider and offer repayment plan; (4) do not enforce during Breathing Space moratorium (60 days; extended for mental health crisis); (5) 14-day pre-issue contact where practicable. Court powers for non-compliance: adjournment; costs sanctions; stay. Ground 8 mandatory — Protocol breach cannot prevent possession order but costs sanctions apply; Grounds 10 and 11 discretionary — non-compliance is a relevant factor. Evidence to bring: rent ledger; correspondence; plan offers; benefit signposting records.

9 min readUpdated 7 June 2026Last reviewed: 17 May 2026pre-action protocolrent arrearspossessionbreathing space

The five Protocol steps and Breathing Space moratorium

Step 1: contact tenant as soon as arrears arise — letter; phone; in person; retain date-stamped records. Step 2: provide information on Universal Credit housing costs; Discretionary Housing Payments (DHP); Citizens Advice; money advice services. Step 3: actively consider and offer a repayment plan — set out arrears; regular payment above current rent; agreed in writing; do not issue while plan is being adhered to; if tenant refuses reasonable plan, this strengthens landlord's court position. Step 4: Breathing Space moratorium (Debt Respite Scheme Regulations 2020) — Standard Breathing Space 60 days; Mental Health Crisis Breathing Space no maximum duration; no enforcement during moratorium; notification from Money Adviser. Step 5: 14 days before issuing, make final pre-issue contact where practicable.

Court powers for Protocol non-compliance and evidence at hearing

Court powers on non-compliance: adjournment; costs order against landlord (even if possession granted); stay of proceedings. Mandatory vs discretionary grounds: Ground 8 (mandatory — two months' arrears at notice and hearing) — Protocol breach cannot prevent mandatory order but costs sanctions apply. Grounds 10 and 11 (discretionary — some arrears; persistent delay) — non-compliance is a factor in the court's discretion. Evidence to bring to hearing: rent schedule/ledger (month by month; rent due vs paid; balance outstanding); copies of all pre-action correspondence; record of phone calls and visits; any repayment plan offered in writing; evidence tenant was signposted to benefit advice. Scotland: First-tier Tribunal for PRT; pre-action reasonable steps expected on discretionary grounds (PRT Grounds 11 and 12) — not a formal Protocol but same principle of early contact and reasonable engagement applies.

Frequently asked questions

What steps must I take before issuing possession proceedings for rent arrears?+

Contact tenant early; provide Universal Credit/DHP/money advice information; consider repayment plan; check for Breathing Space moratorium (60 days — no enforcement); 14-day pre-issue contact. Document all steps — you need evidence at the possession hearing.

What happens if I fail to follow the pre-action protocol for rent arrears?+

The court can adjourn the hearing; impose costs orders against you even if you win; or stay proceedings. For discretionary Grounds 10 and 11, non-compliance is a factor in the court's discretion whether to order possession.

Does the Breathing Space moratorium prevent me from issuing possession proceedings?+

Yes — Standard Breathing Space (60 days) prevents issuing proceedings, serving enforcement notices, or any debt collection. Mental Health Crisis Breathing Space has no maximum duration. Breaching a moratorium is unlawful.

Can I use Ground 8 to get a mandatory possession order even if I have not followed the protocol?+

Ground 8 (mandatory — two months' arrears at notice and hearing) requires the court to grant possession if proved regardless of Protocol compliance — but the court can impose costs orders against a non-compliant landlord.

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Hand-picked by topic overlap with this guide.

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Ground 8 Serious Rent Arrears — Mandatory Possession Under the Renters' Rights Act 2025

Ground 8 is the mandatory serious rent arrears possession ground — the court must make a possession order once the conditions are met. The tenant must be at least 8 weeks' (or 2 months') rent in arrears at both the date the notice is served AND the date of the hearing. From 1 May 2026 (RRA 2025), the Ground 8 notice period is 4 weeks. This guide covers the mandatory threshold, the dual-date requirement, the 4-week notice post-RRA 2025, Ground 8 vs Ground 8a (persistent arrears) vs Grounds 10 and 11, defending with UC delays, and the partial payment trap.

Ground 10: Some Arrears at Notice Date AND Hearing Date — Discretionary Possession — Any Amount Qualifies — No Minimum Unlike Ground 8 — 2-Week Section 8 Notice — Plead with Grounds 8 and 11

Landlord Ground 10 Rent Arrears UK 2026 — Discretionary Possession for Some Arrears at Notice and Hearing Dates

Ground 10 HA 1988 Schedule 2: discretionary possession ground where some rent is lawfully due and in arrears at both the Section 8 notice date and the court hearing date. Unlike mandatory Ground 8 (requires 8+ weeks/2 months and court must grant possession), Ground 10 applies to any arrears amount and is discretionary. Best practice: plead Grounds 8, 10 and 11 together for belt-and-braces coverage of all arrears scenarios. RRA 2025: Ground 10 retained as discretionary.

England · RRA 2025 · Ground 8 (2 Months) · Ground 8a (Persistent Arrears) · Ground 10/11 (Discretionary) · MCOL · CCJ · HCEO Transfer

Managing Rent Arrears UK 2026 — Full Landlord Guide from First Missed Payment to Recovery

Managing rent arrears guide for UK landlords 2026: from the first missed payment through to possession and money recovery; communicating early; negotiating a rent repayment plan; serving notice (Ground 8 — 2 months mandatory; Ground 8a — persistent arrears new for RRA 2025; Ground 10/11 — discretionary); money claim without possession via MCOL; County Court Judgment (CCJ); enforcement by attachment of earnings, Third Party Debt Order, charging order; HCEO transfer for CCJs over £600; managing Universal Credit housing cost delays.