Ninety percent of rent-arrears cases can be resolved without court action if you move fast, document everything, and keep the tone professional. The ten percent that escalate are almost always cases where the landlord waited too long, accepted partial payments without recording them, or served a notice that was technically defective. This guide is the timeline that works.
Day 1–3, the missed payment
Rent is due. It has not arrived. Send a same-day email: brief, friendly, 'just flagging the rent was due yesterday, has it gone out?' Ninety percent of late payments are bank delay, direct debit failure, or a holiday, resolved within 24 hours of a reminder. Keep the email log.
Day 7, no response
Send the first formal arrears letter. Specify the amount, the due date, and invite the tenant to call you to discuss. Offer a short payment plan (7 days) if circumstances have changed. Keep a copy of the letter and proof of delivery.
Day 14, two weeks late
Send the second arrears letter. Now reference the tenancy agreement clause. Note that continued arrears can lead to court action. Offer mediation, the Housing Loss Prevention Advice Service is free and resolves a high proportion of disputes before they escalate. Record everything.
If the tenant promises to pay 'next week', get it in writing with a specific date and amount. A verbal promise that you cannot evidence is worse than no promise, the court treats it as you accepting a new payment arrangement.
Day 21, pre-action letter
Send the pre-action letter. This is the formal step before notice and court action. It specifies: the arrears amount, the due date of each missed payment, the payment methods available, the consequences of continued default (Ground 8 notice, court claim, county court judgment, cost recovery), and a 7-day window to make payment or agree a written plan. This is the letter a court will ask to see.
Day 28–30, review
If the arrears are at 3 months by this point, you have Ground 8 available. Ground 8 is a mandatory ground, the court must grant possession if you prove the arrears at the date of the notice and at the date of the hearing. If arrears are below 3 months, you can still use Grounds 10 (some arrears) and 11 (persistent delay), but these are discretionary, the court may refuse.
Day 30+, serve Section 8 if appropriate
Use the current Form 3A. Cite Ground 8, 10, and 11, multiple grounds strengthen the claim. Notice period is 2 weeks for Ground 8. Serve by hand if possible, otherwise by first-class post (add 2 working days for deemed service).
Before you file at court
- Check the deposit is protected and prescribed information was served within 30 days.
- Check the CP12 and EICR are current and were served.
- Check the 'How to Rent' booklet was given at start of tenancy (or most recent renewal).
- Print the rent ledger, dated, itemised, signed by you.
- Assemble the pre-action correspondence in chronological order.
- Calculate the arrears at the expected hearing date (not just today's date).
The <a class='underline text-brand-700' href='/shop/pre-action-rent-arrears-letters'>Pre-Action Rent Arrears Letters</a> pack contains the Day 7, Day 14 and Day 21 letters courts expect to see, plus the payment plan template and a rent ledger spreadsheet.