General guidance only, not legal advice. This article applies to private landlords in England. Check current government guidance and take advice on your circumstances.
Reviewed by Lee Daniels, Founder and Managing Director of Helpland, with 27 years in property possession and eviction. Last reviewed November 2026.
Updated November 2026. Revised for the Renters' Rights Act 2025: Section 21 has been abolished, and the mandatory rent arrears ground now needs three months' arrears.
Dealing with tenants who pay rent late can be stressful, but the law gives landlords a clear process. By communicating clearly, keeping records, offering realistic payment plans and following the correct legal route, landlords can recover what they're owed without risking an illegal eviction claim.
The legal framework
- Housing Act 1988 (as amended by the Renters' Rights Act 2025): governs private assured tenancies, which are now all periodic, and the grounds for possession.
- Tenant Fees Act 2019: limits what you can charge for late rent.
- Protection from Eviction Act 1977: makes harassment and illegal eviction criminal offences.
Communicate and document
Contact the tenant promptly, calmly and in writing, to find out why rent is late. Keep a dated record of every call, email and letter.
Late payment charges
Under the Tenant Fees Act 2019, you can only charge a late rent fee if the tenancy agreement allows it and the rent is at least 14 days overdue. The charge is limited to interest at no more than 3% above the Bank of England base rate, on the overdue amount. Other default charges are prohibited.
Late rent letters
A written reminder should state the amount overdue, when it was due and the relevant tenancy terms. It shows the court you acted reasonably.
Payment plans
For tenants in temporary difficulty, a written repayment plan (affordable instalments on top of rent) can prevent escalation. If the tenant receives Universal Credit, you can also request a managed payment to landlord from the DWP.
Rent guarantee insurance
Rent guarantee insurance can cover unpaid rent and legal costs. Read the policy conditions, which often include referencing standards and deadlines for notifying the insurer.
Legal options
- Section 8 notice on Form 3A, citing Ground 8 (at least three months' arrears, or 13 weeks if rent is weekly or fortnightly; mandatory), Ground 10 (some arrears) and Ground 11 (persistent late payment). All three need four weeks' notice.
- Possession claim: if the tenant stays after the notice period, issue a claim (£415) and ask for a money judgment for the arrears.
- Money claim: if you only want the money, or the tenant has left, a county court money claim (for example through Money Claim Online) can result in a judgment you can enforce.
Section 21 is no longer available. It was abolished in England on 1 May 2026. Commercial Rent Arrears Recovery (CRAR) applies only to commercial leases.
Avoid harassment and illegal eviction
Never cut off utilities, change the locks, remove belongings or threaten a tenant. These are criminal offences and can lead to prosecution, civil penalties and compensation claims.
Tenant not paying at all? The 7 legal steps
Step 1: Document everything
- A rent schedule: rent due, received and running arrears, updated at every due date
- Bank statements showing missed or partial payments
- The signed tenancy agreement
- A communications log of every call, text, email and letter
- Deposit protection certificate and prescribed information
Step 2: Contact the tenant in writing
Send a calm, factual letter or email stating the amount outstanding and asking for payment, or contact, within 7 to 14 days. Avoid threatening language, which could be construed as harassment.
Dear [Tenant name], your rent payment of £[amount], due on [date], has not been received. The total outstanding is £[amount]. Please pay within 14 days of this letter. If you are having financial difficulty, please contact me as soon as possible to discuss it. Yours sincerely, [Landlord name]
You can accept partial payments. Record them in the rent schedule, and remember they may bring arrears below the Ground 8 threshold. That's why most landlords cite Grounds 10 and 11 as well.
Step 3: Assess the arrears and circumstances
- Ground 8 (mandatory): at least three months' arrears at notice and at the hearing.
- Grounds 10 and 11 (discretionary): any arrears, or persistent late payment.
- Universal Credit: you can request a managed payment to landlord from the DWP.
- Repayment plan: a written plan may resolve things without court.
- Disrepair or vulnerability: take advice before proceeding.
Step 4: Serve a Section 8 notice
Use Form 3A, set out each ground in full with the arrears figure and your reasons, and give at least four weeks' notice. Keep proof of service. Make sure the deposit is protected and the prescribed information has been served, because otherwise possession is barred on arrears grounds until this is put right.
Section 21 is no longer available. It was abolished for all private tenancies in England on 1 May 2026.
Step 5: Act reasonably before issuing
The formal pre-action protocol applies to social landlords, but courts expect private landlords to have engaged too: documented contact, consideration of benefit problems, and any repayment offers and responses.
Step 6: Apply for a possession order
- Issue through Possession Claim Online (rent-only claims), or forms N5 and N119. The fee is £415.
- Include the rent schedule, tenancy agreement, notice and proof of service, and deposit evidence.
- At the hearing, if Ground 8 is proved, the judge must order possession, usually within 14 days. On discretionary grounds, the judge may suspend the order on terms.
- If the tenant doesn't leave, apply for a warrant of possession (£152). Never remove the tenant yourself.
Step 7: Recover the arrears
Ask the court to include a money judgment for arrears and costs with the possession order. If the tenant has already left, bring a separate money claim. A judgment can be enforced through options such as an attachment of earnings order, a charging order or enforcement agents. Judgments over £600 can be transferred to the High Court for enforcement. Recovery depends on the tenant's means.
Professional advice and mediation
Specialist advice reduces costly mistakes, and mediation can help both sides agree a way forward without court.
Eviction as a last resort
Possession proceedings take time and money, so they're best used when other options have failed. When they're needed, the correct notice, evidence and procedure make all the difference. Helpland can help with Section 8 court proceedings on a fixed fee.
This article provides general guidance for landlords in England and does not constitute legal advice. Last reviewed: November 2026.
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