How much rent arrears are needed for a mandatory possession ground?

Ground 8 now requires at least three months' unpaid rent, both when you serve the notice and at the hearing. That is up from two months under the old rules, and the notice period is four weeks rather than two.

What should a landlord do first when rent is late?

Notice quickly and make contact calmly. Most missed payments are a temporary wobble such as a late wage or a benefit delay, and a short, friendly message resolves them. Record the date rent was due, the amount outstanding and every contact you make.

Can I evict a tenant myself for not paying rent?

No. If a Section 8 notice expires and the tenant stays, you apply to the county court for a possession order. Removing a tenant yourself, or making the property uncomfortable to force them out, is illegal eviction and a criminal offence.

What are Grounds 10 and 11?

They are the discretionary arrears grounds. Ground 10 covers arrears below the mandatory threshold and Ground 11 covers persistent late payment even where little is owed on the day. Because they are discretionary, the court decides whether granting possession is reasonable.

Rent arrears: what UK landlords can do in 2026

Q: Do Universal Credit delays count towards arrears?

Not for the mandatory ground. Any shortfall caused purely because a Universal Credit housing payment has not yet come through is left out of the calculation. It is worth checking the cause of a shortfall before you serve anything.

21 August 2026 · AgentCheck Editorial · 7 min read

Part of our UK Landlord Legal Guide

In short: Act early and talk to the tenant before arrears build. If you do need to take formal action, the mandatory arrears ground now requires three months' unpaid rent and four weeks' notice, both higher than before. Most arrears are still best solved with a payment plan, a benefits check and clear records, keeping court as the last resort.

Arrears are the problem landlords worry about most, and the Renters' Rights Act has made the formal route slower and higher-bar than it used to be. That makes the early, human part of the process more valuable than ever. A tenant who falls a fortnight behind and talks to you is a very different situation from one who owes three months and has stopped answering the phone. This guide covers both the practical steps and where the law now sits in 2026.

Start the moment a payment is missed

The single best thing you can do is notice quickly and reach out calmly. A missed payment is often a temporary wobble: a late wage, a benefit delay, a one-off bill. A short, friendly message asking whether everything is alright will resolve a lot of cases before they become anything.

Keep it factual and keep a record. Note the date the rent was due, the amount outstanding, and every contact you make. If the situation ever does reach court, that paper trail is exactly what a judge wants to see, and it also stops honest misunderstandings turning into disputes.

Black and silver calculator beside black pen — Photo: Unsplash

Find out what is actually going on

Before you reach for a notice, understand the cause. A tenant who has lost hours at work may just need a fortnight. A tenant whose Universal Credit has been recalculated may have a gap that resolves itself. It is worth knowing that when arrears are counted for the mandatory ground, any shortfall caused purely because a Universal Credit housing payment has not yet come through is left out of the calculation. In other words, the system already recognises benefit delays, so it is sensible for you to as well.

Agree a realistic payment plan

For most arrears, a written repayment arrangement is the quickest way back to normal. Agree an amount on top of the ongoing rent that the tenant can genuinely afford, put it in writing, and confirm it by email or message so you both have the same understanding. A plan the tenant can actually meet beats an ambitious one they default on in a month. If they keep to it, you have solved the problem without cost, stress or a void.

A calculator sitting on top of a wooden table — Photo: Unsplash

Point them towards help

Sometimes the honest answer is that money is tight and getting tighter. A tenant might be entitled to support they are not claiming, or might benefit from free debt advice from somewhere like Citizens Advice or StepChange. Suggesting those routes is not soft, it is practical. A tenant who gets their finances back on track pays you and stays, which is a far better outcome than an empty property and a debt you may never recover.

The formal route, and how it changed

If arrears keep climbing and the tenant will not engage, you move to a Section 8 notice. Section 21 no-fault possession is gone, so arrears cases now run on the specific grounds:

Ground 8 (mandatory): the tenant must owe at least three months' rent both when you serve the notice and at the hearing. The notice period is four weeks. This is a jump from the old two months' arrears and two weeks' notice, so tenants now have more room before the mandatory ground bites.
Grounds 10 and 11 (discretionary): Ground 10 covers some arrears below the mandatory threshold, and Ground 11 covers persistent late payment even where little is owed on the day. Because they are discretionary, the court decides whether granting possession is reasonable.

If the notice expires and the tenant stays, you apply to the county court for a possession order. You must never try to remove a tenant yourself or make the property uncomfortable to force them out. That is illegal eviction and it is a criminal offence. We walk through the wider process in our guide on how to end a tenancy under the Renters' Rights Act.

Protect yourself before arrears happen

A lot of arrears pain is avoidable with a bit of groundwork:

Reference tenants properly at the start, including affordability and previous landlord checks.
Consider rent guarantee insurance, which can cover the rent and legal costs if a tenant stops paying. It is worth weighing the premium against the risk on your particular let.
Make paying easy with a standing order set to the rent due date.
Keep the relationship civil. Tenants pay landlords they respect first when money is short.

When to bring in an agent

Arrears are stressful precisely because they mix money, law and a personal relationship. A good letting agent chases rent professionally, keeps the records straight, and serves notices correctly if it comes to that, which keeps your emotions out of it and your paperwork clean. You can compare letting agents on AgentCheck to find one that offers rent collection or full management with arrears handling built in.

Compare agents who handle arrears for you

The best time to sort out how arrears get handled is before they happen. Use AgentCheck to compare local letting agents and choose one who will chase rent early, keep clean records, and serve a valid notice if the worst comes.

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