The Protocol exists to encourage landlords and tenants to resolve rent arrears disputes without court intervention wherever possible, and to ensure that courts receive claims only where genuine early engagement has failed. A landlord who brings a possession claim to court armed with a thorough record of pre-action steps — letters sent; phone calls made; repayment plan offered and rejected — is in a far stronger position than one who issues proceedings immediately on the arrears arising without any prior contact.
The Protocol is particularly important for discretionary possession grounds (Grounds 10 and 11 of Schedule 2 to the Housing Act 1988 — arrears and persistent delay in paying). For these grounds, the court must consider whether it is reasonable to order possession — a landlord's failure to engage with the tenant before proceedings, and unwillingness to consider a repayment arrangement, can weigh against the grant of a possession order. For Ground 8 (mandatory — two months' rent arrears at both notice and hearing), the court must order possession if the ground is proved, and Protocol non-compliance cannot prevent this — but the court can still impose costs sanctions on a non-compliant landlord.
Protocol steps before issuing possession proceedings and the court's enforcement powers
The required pre-action steps and what happens if a landlord fails to comply:
- The five Protocol steps and Breathing Space moratorium: Step 1 — Early contact with the tenant: the Protocol requires the landlord (or their managing agent) to contact the tenant as soon as rent falls into arrears. This contact should be made by letter, phone, or in person — whichever is most likely to reach the tenant. The landlord should set out the arrears clearly and invite the tenant to discuss them. Evidence: keep a date-stamped record of all contact attempts — letters sent (retain copies); dates and times of phone calls; dates of visits to the property. Step 2 — Information about financial support: if the tenant appears to be in financial difficulty, the Protocol requires the landlord to provide information about sources of financial assistance — Universal Credit (housing cost element); Discretionary Housing Payments (DHP) from the local council; Citizens Advice; money advice services; local authority housing assistance. The landlord is not required to apply for these on the tenant's behalf, but must make the tenant aware of them. Step 3 — Repayment plan: before issuing proceedings, the landlord should actively consider whether a repayment plan is feasible. A repayment plan should: (a) set out the amount of the outstanding arrears; (b) set a regular payment above the current rent liability to clear the arrears over a reasonable period; (c) be agreed in writing (or confirmed in writing by the landlord after verbal agreement). If a repayment plan is agreed, the landlord should not issue proceedings while the plan is being adhered to. If the tenant fails to adhere to the plan, the landlord can then proceed to issue. If the tenant refuses a reasonable repayment plan without good reason, this strengthens the landlord's position at court. Step 4 — Breathing Space moratorium: under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (SI 2020/1311), a debtor (including a tenant) can apply for a Breathing Space moratorium through a Money Adviser. Standard Breathing Space: 60 days; prevents all enforcement action by creditors (including issuing possession proceedings, obtaining a warrant, or any debt collection activity) during the moratorium period. Mental Health Crisis Breathing Space: lasts for the duration of the crisis treatment plus 30 days; no maximum duration. The landlord must be notified by the Money Adviser when a moratorium is registered. During the moratorium: do NOT issue proceedings; do NOT serve any enforcement notice; do NOT contact the tenant about the debt (though routine non-debt communications — maintenance; inspections — continue as normal). Breaching a Breathing Space moratorium is unlawful and can expose the landlord to significant liability. Step 5 — 14-day pre-issue contact: where practicable, the landlord should make a final contact with the tenant at least 14 days before issuing proceedings — giving one last opportunity to resolve the arrears without court intervention.
- Court's enforcement powers for Protocol non-compliance and what to bring to the hearing: Court's powers on non-compliance: if the landlord issues possession proceedings without following the Protocol, the court has wide case management powers including: (a) adjourning the hearing to give the landlord time to comply; (b) imposing a costs order against the landlord — requiring the landlord to pay the tenant's legal costs even if the landlord succeeds in obtaining possession; (c) staying the proceedings. District judges at county court possession hearings scrutinise the landlord's pre-action steps — particularly if the tenant or their legal representative raises Protocol non-compliance as an issue. In practice, a landlord who has sent no correspondence before proceedings will typically be required to pay the tenant's wasted costs and may face an adjournment. Protocol non-compliance and mandatory vs discretionary grounds: (a) Ground 8 (mandatory — two months' / eight weeks' net rent arrears at the date of the Section 8 notice AND at the date of the court hearing): if the ground is proved, the court MUST order possession — Protocol non-compliance cannot prevent the order, but costs sanctions can still be imposed. (b) Grounds 10 and 11 (discretionary — some arrears; persistent delay): the court has a discretion whether to order possession and must consider all the circumstances — a landlord's failure to engage with the tenant, failure to offer a repayment plan, and failure to provide benefit information is a factor the court can take into account when exercising its discretion (although it is not an absolute bar to possession if the arrears are substantial). Evidence to bring to the possession hearing: (a) a rent schedule/statement — showing rent due; rent paid; outstanding balance; broken down month by month; (b) copies of all pre-action correspondence — letters to the tenant about the arrears; any repayment plan offered in writing; (c) record of phone calls and visits — dates, times, outcomes; (d) any response from the tenant — agreement or refusal of a plan; any financial disclosure by the tenant; (e) evidence that the tenant was signposted to benefit advice or DHP. Wales: the Protocol applies identically in Wales; court possession proceedings for rent arrears are in the county court. RRA 2025 (England from 1 May 2026): the Protocol continues to apply; the new prescribed possession notice replaces Section 8 form but the pre-action obligations remain the same. Scotland: the First-tier Tribunal (Housing and Property Chamber) considers whether the landlord has taken reasonable steps before issuing a notice to leave on Ground 12 (persistent rent arrears) or Ground 11 (substantial rent arrears) of the PRT Grounds of Repossession — this is not the same formal Protocol but the same principle of early contact and reasonable engagement applies; the Tribunal can consider the landlord's pre-action conduct in deciding whether it is reasonable to grant repossession on discretionary PRT grounds
Frequently asked questions
What steps must I take before issuing possession proceedings for rent arrears?+
Under the Pre-Action Protocol for Possession Claims Based on Rent Arrears, you must: (1) contact the tenant as soon as arrears arise and set out the amount clearly; (2) provide information about Universal Credit housing costs, Discretionary Housing Payments, and money advice services; (3) consider and offer a repayment plan where the tenant has a genuine ability to pay; (4) check whether a Breathing Space moratorium is in force (60 days; no enforcement allowed); (5) make a final pre-issue contact at least 14 days before issuing if practicable. Document all of these steps — you will need evidence of your pre-action steps at the possession hearing.
What happens if I fail to follow the pre-action protocol for rent arrears?+
The court can: adjourn the hearing to give you time to comply (wasting your time and money); order you to pay the tenant's legal costs even if you win; or stay the proceedings. In practice, a District Judge who finds that a landlord issued proceedings without any pre-action contact will typically impose a costs sanction and may adjourn. For Ground 8 (mandatory), Protocol non-compliance cannot prevent a possession order if the ground is proved — but costs can still be awarded against you. For discretionary Grounds 10 and 11, non-compliance is a factor the court can weigh when deciding whether to order possession.
Does the Breathing Space moratorium prevent me from issuing possession proceedings?+
Yes — a Standard Breathing Space moratorium (60 days) prevents you from issuing possession proceedings, serving any enforcement notice, or taking any debt collection action during the moratorium period. A Mental Health Crisis Breathing Space has no maximum duration and lasts for the crisis treatment period plus 30 days. You must be notified by the Money Adviser when a moratorium is registered. Breaching a Breathing Space moratorium is unlawful. During the moratorium, you may continue routine landlord activities (maintenance; inspections) but must not contact the tenant about the debt or take any enforcement step.
Can I use Ground 8 to get a mandatory possession order even if I haven't followed the protocol?+
Ground 8 (mandatory possession — two months' or eight weeks' net rent arrears at both the notice date and the hearing date) requires the court to grant possession if proved, regardless of Protocol non-compliance. So yes, you can still obtain a mandatory possession order even if you skipped the pre-action steps — but the court can and often will impose a costs order against you, requiring you to pay the tenant's legal costs even though you won. Following the Protocol protects you from costs sanctions and demonstrates to the court that you behaved reasonably throughout.
- Ground 8 — mandatory possession for two months' rent arrears →
- Ground 10 — discretionary possession for any rent arrears →
- Ground 11 — discretionary possession for persistent late payment →
- Managing rent arrears — strategy from first missed payment to court →
- Breathing Space — moratorium on debt enforcement →
- Possession claims online — issuing court proceedings →