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Tenant not paying rent: section 8 notice for rent arrears

If your tenant has stopped paying rent, the route in England since 1 May 2026 is a section 8 notice on Grounds 8, 10 and/or 11, then a court order. This page sets out what to do at each stage – including steps that can get you paid without going to court.

Information, not legal advice. Know Your Let is not a law firm and does not act in court cases. We can help with the notice stage (see pricing); court claims and hearings are for you or a solicitor.

If your tenant stopped paying rent: first steps

Keep a rent statement from day one: each date rent was due, the amount, and what was paid. The court will ask for it.
Contact the tenant in writing. Ask what has happened and propose a repayment plan. Keep copies.
Check benefits. If the tenant claims Universal Credit, ask DWP about a managed payment of the housing element to you.
Check guarantors and insurance. A guarantor or rent guarantee policy may pay; policies usually have notification deadlines.
Check the deposit: for most grounds, including 8, 10 and 11, the court will not make an order unless the deposit was protected and the prescribed information given (or the deposit returned).

Section 8 for rent arrears: which ground?

Ground	When it applies	Type	Notice
8	3 months' rent (monthly) or 13 weeks' rent (weekly/fortnightly) unpaid at notice and at hearing	Mandatory	4 weeks
10	Some rent unpaid when the claim is issued and when the notice was served	Discretionary	4 weeks
11	Tenant has persistently delayed paying rent	Discretionary	4 weeks

Most landlords rely on all three that apply. If a late payment takes the arrears below the Ground 8 threshold, Grounds 10 and 11 remain. Ground 8 explained · check your dates.

How long it takes and what it costs

From the first missed payment, Ground 8 usually means about 3 months before you can serve, then 4 weeks' notice, then the court stage. For private landlords in Q2 2026 the median was 8.0 wks from claim to possession order and 24.6 wks from claim to bailiff repossession. Court fees are £415 to claim and £152 for a warrant. See eviction costs.

Recovering the rent arrears

Ask for a money judgment for the arrears in the possession claim itself – you don't need a separate small claim. Collecting it is another matter: see enforcing a judgment. After the tenant leaves, you can deduct from the deposit through the deposit scheme's process.

Common questions

How many months of rent arrears before eviction?

For the mandatory Ground 8: 3 months’ rent (monthly) or 13 weeks’ rent (weekly or fortnightly), both when you serve the notice and at the hearing. Grounds 10 and 11 can be used with less, but the judge decides whether eviction is reasonable.

What happens to rent arrears after eviction?

The debt remains. Ask for a money judgment in the possession claim; if the tenant leaves owing money you can enforce it or make a separate claim. See ex-tenant owes rent.

Can rent arrears be written off?

Only if you choose to. You can agree a repayment plan or settle for less. Claims for rent must be brought within 6 years of each payment falling due (Limitation Act 1980, s19).

My tenant is not paying rent and won’t leave – what can I do?

Serve a section 8 notice on Form 3A, then apply for a possession order when the notice period ends, then a warrant for bailiffs if they still don’t leave. You must not change the locks or remove them yourself.

Can the landlord get rent paid direct from Universal Credit?

Yes, in some cases – DWP can pay the housing element directly to the landlord (a managed payment), for example where the tenant has arrears. See the GOV.UK guide for landlords.

Sources

Last checked 28 Sep 2026. Figures and fees change; check the official source before you act.