Dealing with Rent Arrears — Landlord Guide 2026

Prevention first

The most effective approach to rent arrears is preventing them before they start. Key preventative measures:

• Thorough tenant referencing before granting the tenancy
• Clear rent payment terms in the tenancy agreement including the due date and accepted payment methods
• Prompt action the moment payment is late — a friendly reminder call or message on day one of arrears
• Keep records of all payments from day one of the tenancy

When rent is late — a step-by-step approach

• Day 1 late: Friendly reminder call or message — most late payments are oversight not intent
• Day 7 late: Written reminder letter noting the amount outstanding
• Day 14 late: Formal letter warning that further action may be taken
• Day 21 late: Consider whether to serve a Section 8 notice

Section 8 grounds for rent arrears

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.

What to do when the tenant ignores the Section 8 notice

If the tenant does not pay the arrears or vacate within the notice period, apply to the Family Court for a possession order. The court will list a hearing. If the tenant fails to attend:

• The judge can proceed in their absence
• If Ground 8 is proved (3+ months arrears), the court must grant possession
• A money judgment for the outstanding arrears can be added to the possession order

Once you have a possession order and the tenant still does not leave, apply for a Warrant of Control (bailiff enforcement).