What counts as rent arrears?

Rent arrears arise when rent that is lawfully due under the tenancy has not been paid by the agreed due date. Even a small unpaid balance is arrears, although not every missed payment will justify a possession order.

Keep an accurate rent account showing each due date, amount charged, payment received and outstanding balance. Distinguish unpaid rent from disputed charges, damage claims or other sums: these are not automatically rent arrears.

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What should a landlord do when rent is missed?

Where appropriate, signpost the tenant to Citizens Advice, Shelter or benefits and debt advice. If Universal Credit housing costs are involved, consider whether a landlord-managed payment arrangement may be available.

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Which possession grounds apply to rent arrears?

For private assured tenancies, the main grounds after 1st May 2026 are Grounds 8, 10 and 11. These are separate grounds and may be relied upon together where the facts support them.

Ground 8 – serious rent arrears (mandatory)

For rent payable monthly, at least three months’ rent must be unpaid both when the notice is served and at the possession hearing. For weekly or fortnightly rent, the threshold is 13 weeks’ rent. The usual notice period is four weeks.

Where the statutory conditions are established, the court must normally make a possession order. If arrears fall below the threshold before the hearing, Ground 8 will not succeed. Special statutory treatment applies to certain Universal Credit payment delays.

Ground 10 – some rent unpaid (discretionary)

Ground 10 may apply where rent is lawfully due and unpaid at the relevant statutory stages, even if the amount is below Ground 8’s threshold. The usual notice period is four weeks. The court decides whether possession is reasonable.

Ground 11 – persistent late payment (discretionary)

Ground 11 concerns a history of repeatedly paying rent late. It can be relevant even if the tenant has caught up by the hearing. The usual notice period is four weeks, and the court must consider whether possession is reasonable.

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What about breaches of other tenancy obligations?

A tenancy breach might involve unauthorised subletting, avoidable property damage, unreasonable refusal of properly requested access, or antisocial behaviour. Whether conduct amounts to a breach depends on the tenancy terms, the facts and the law. Not every disagreement is a breach.

What if the tenant refuses access?

Landlords should check the tenancy agreement and the reason for access, give appropriate notice and seek agreement wherever possible. A tenant’s right to quiet enjoyment remains important. A refusal may amount to a breach in particular circumstances, but 24 hours’ notice does not create an unrestricted right to force entry. Emergencies are different; obtain advice before taking action.

What if the tenant has caused damage?

Distinguish fair wear and tear, defects that are the landlord’s repairing responsibility, and damage or deterioration attributable to the tenant. Obtain dated photographs, inspection reports and contractor findings. Consider whether the issue can be remedied without possession proceedings.

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How does the possession process work?

Since 1st May 2026, landlords cannot use section 21 for private assured tenancies. They must rely on an applicable statutory ground under section 8, subject to transitional rules for older cases.

The court may make an outright or suspended possession order, or refuse possession. A rent arrears claim may also involve a money judgment. Check deposit protection and other applicable statutory requirements before issuing proceedings.

For a fuller explanation, see our Regaining Possession guide.

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What evidence should landlords keep?

• Rent arrears: a dated rent ledger, tenancy agreement, bank records, reminders and any repayment arrangements.
• Late payment: a history of payment due dates and actual receipt dates.
• Tenancy breaches: the relevant contractual clause, written warnings, correspondence and reliable evidence of the conduct.
• Property deterioration: check-in and inspection reports, dated photographs, repair records and contractor assessments.
• Access disputes: notices requesting access, reasons for visits, responses and reasonable alternative arrangements offered.
• Antisocial behaviour: specific dated incident logs, witness accounts and relevant reports where available.

Evidence should be factual and proportionate. Avoid speculative allegations, and handle personal information appropriately.

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Common mistakes landlords should avoid

• Using outdated thresholds: the old two-month Ground 8 threshold does not apply to new private-tenancy notices served from 1st May 2026.
• Assuming every breach guarantees possession: Grounds 10–14 are discretionary, and the court considers the circumstances.
• Serving an incomplete notice: incorrect dates, inadequate grounds or insufficient reasons can delay or undermine a claim.
• Confusing rent with other debts: damage charges and fees are not automatically rent arrears.
• Ignoring repairing obligations: consider legitimate disrepair concerns and the landlord’s responsibilities before escalating.
• Attempting self-help eviction: harassment, cutting off services, changing locks or removing belongings can have serious legal consequences.

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