How to deal with rent arrears: from first chaser to County Court
Key change from 1 May 2026: The mandatory arrears threshold for Ground 8 rises from two months to three months under the Renters' Rights Act 2025. You must have at least three months' rent unpaid at both the notice date and the hearing date.
Stage 1: the polite reminder (days 1–7 of arrears)
Most arrears start as oversight, not refusal. A missed direct debit, a banking error or an unexpected expense can leave a tenant a week behind. At this stage, a brief message is usually enough to resolve the matter without any formal process.
Send a text or email noting that the rent payment has not arrived and asking if there is a problem. Keep the tone neutral. Something like: "Hi, just noticed that this month's rent has not come through. Please let me know if there's an issue and when you expect to make the payment." Keep a record of this message.
Stage 2: the formal chaser (14 days of arrears)
If there has been no response or no payment after two weeks, send a formal written notice by email and post. This should:
- State the amount outstanding and the date it was due
- Reference the tenancy agreement and the clause requiring rent to be paid on time
- Give a specific deadline — seven or fourteen days — to pay or make contact
- Note that continued non-payment may lead to formal possession proceedings
This letter is not a legal notice. It is a documented attempt to resolve the matter before escalation. Courts look favourably on landlords who have made genuine efforts to communicate. Keep a copy.
Stage 3: letter before action (4–6 weeks of arrears)
If arrears are accumulating, send a formal letter before action. At this point you should also consider whether mediation is appropriate — the pre-action protocol for possession claims encourages landlords to explore alternatives to court before issuing proceedings. The Property Redress Scheme tenancy mediation service can resolve most arrears disputes within 15 working days at a cost well under £540 including VAT.
The letter before action should:
- Set out the full amount owed with a breakdown by period
- Give 14 days to pay in full or agree a repayment plan
- State that failure to respond will result in a Section 8 notice being served
- Offer mediation as an alternative to proceedings
Stage 4: serving the Section 8 notice
Once arrears reach three months and you are confident they will remain at or above three months at the likely hearing date, you can serve a Section 8 notice. Use the prescribed form, available from GOV.UK.
For an arrears claim you should plead multiple grounds in the same notice:
- Ground 8 (mandatory): Three or more months' arrears at notice and hearing. Court must grant possession if ground is made out.
- Ground 10 (discretionary): Some arrears at notice and hearing. Court has discretion — useful if arrears fall below three months before the hearing.
- Ground 11 (discretionary): Persistent late payment even if no arrears at hearing. Covers tenants who pay just before hearings to defeat Ground 8.
Notice periods: Ground 8 requires at least four weeks' notice (rising to two months under the Renters' Rights Act in some circumstances — check the current prescribed notice periods when serving). Do not serve less than the minimum or the notice is defective.
Stage 5: applying to court
If the notice period expires without payment or agreement, you can apply to court using the Possession Claim Online service at justice.gov.uk. The court fee for a possession claim based on rent arrears is currently £391 for claims under £5,000.
At the hearing, bring:
- The signed tenancy agreement
- Your complete rent ledger showing all amounts due and received
- Bank statements confirming payments received
- Copies of all your chaser letters and any responses
- The original Section 8 notice and proof of service
- All prescribed documents (gas certificate, EICR, EPC, How to Rent) with proof of service
The NRLA pre-action plan for arrears sets out the steps courts expect landlords to have taken before issuing proceedings. Working through it before you apply can help ensure the court does not adjourn your case for further steps.