The most effective approach to rent arrears is preventing them before they start. Key preventative measures:
Keep everything in writing: Every conversation, message, and letter about rent arrears should be documented. You will need this evidence if you go to court.
| Ground | Threshold | Notice period | Type |
|---|---|---|---|
| Ground 8 | 3+ months arrears at service AND at hearing | 4 weeks | Mandatory |
| Ground 10 | Any arrears at time of service | 4 weeks | Discretionary |
| Ground 11 | Persistent late payment (even if currently up to date) | 4 weeks | Discretionary |
Always plead Grounds 8 and 10 together. If the tenant pays down arrears below 3 months before the hearing, Ground 8 fails but Ground 10 survives. Using both maximises your chances.
Deposit compliance must be correct: If you have not protected the deposit or served prescribed information correctly, you cannot rely on Ground 8 until this is rectified. Check your deposit compliance before serving any Section 8 notice.
If the tenant does not pay the arrears or vacate within the notice period, apply to the County Court for a possession order (form N5 with particulars of claim N119; fee £415). The court will list a hearing. If the tenant fails to attend:
Once you have a possession order and the tenant still does not leave, apply for a Warrant of Possession (bailiff enforcement; fee £152).
The grounds most private landlords use, as in force from 1 May 2026, including Grounds 8, 10, and 11 for rent arrears, with guidance on evidence required and notice periods for each.
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