Tenant not paying rent? What to do, step by step
Tenant not paying rent? A calm, week-by-week plan for landlords in England: what to say, payment plans, when Section 8 becomes an option and what not to do.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- When a tenant is not paying rent, find out why first: a missed standing order or a Universal Credit payment date is easier to fix than a court case.
- Ground 10 can be used once any rent is owed, and Ground 8 once 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) is unpaid.
- All three arrears grounds need 4 weeks' notice on Form 3A.
- Payment plans should be interest-free, with no charges, and paid in no more than 12 instalments within 12 months.
- Changing the locks or removing the tenant yourself is illegal eviction, with civil penalties of up to £40,000.
If your tenant is not paying rent, start by finding out why, then put the arrears in writing, keep a rent schedule and offer a realistic payment plan. If the arrears keep growing, you can serve a Section 8 notice on Grounds 8, 10 and 11, which needs 4 weeks' notice, and then go to court. Whatever happens, never change the locks or remove the tenant yourself.
This page covers private landlords in England. For the full picture, see the rent arrears guide.
Tenant not paying rent: what to do week by week
The timings are a practical rhythm, not legal deadlines.
| When | What to do | Why it helps |
|---|---|---|
| Days 1 to 3 | Check your bank and the standing order. Contact the tenant by phone or message | Many missed payments are mistakes or timing problems |
| Week 1 | Send a written reminder or a rent arrears letter | Creates a record and sets out what is owed |
| From week 1 | Start a rent schedule: dates due, payments and running balance | You'll need it for any court claim |
| Weeks 2 to 4 | Agree a payment plan if the tenant can pay something. Check Universal Credit and any guarantor | Gets money coming in without court |
| When arrears persist | Decide whether to serve Form 3A on Grounds 8, 10 and 11 | Starts the 4-week notice clock |
| After the notice ends | Start a possession claim and claim the arrears | The court route to possession and a money order |
Find out why the rent hasn't been paid
The reason shapes what you do next:
- A missed standing order or bank change. Ask the tenant to put it right and pay the missed amount.
- Universal Credit timing. Rent can be missed while a tenant waits for their first UC payment after the monthly assessment period, which can arrive up to 7 days after it ends. For Ground 8, amounts unpaid only for that reason are ignored. See Universal Credit and rent arrears.
- Job loss, illness or a change in the household. A payment plan, and perhaps help from a debt adviser, may be the realistic answer.
- A dispute about repairs. Fix what needs fixing. In court, a disrepair counterclaim can be set against the arrears.
- The tenant has stopped engaging. Keep everything in writing and move towards a notice.
Keep a short note of every conversation: the date, what was said and any promise to pay.
Put the arrears in writing
A letter does three things: it tells the tenant exactly what is owed, it shows you tried to sort it out, and it gives the court a record of the "steps taken to recover the arrears", which Form N119 asks for. Keep it factual and calm:
- the amount owed and the rent periods it covers;
- how and when to pay;
- an invitation to contact you to agree a plan;
- where to get free debt advice.
Use the rent arrears letter template. If you're told the tenant has entered a Breathing Space, stop contacting them about the debt; see Breathing Space and rent arrears.
Section 8 notice (Form 3A). Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
Start now · £39Offer a realistic payment plan
If the tenant can pay something, a written plan to clear the arrears alongside the normal rent is often the quickest way to get paid. Keep it simple and within these limits:
- no interest;
- no fees or charges;
- no more than 12 instalments, paid within 12 months.
Plans outside those limits can count as regulated credit for an individual tenant. See agreeing a rent arrears payment plan and the payment plan agreement template.
When to serve a Section 8 notice
You can serve a notice on the arrears grounds once rent is owed, but which grounds are available depends on how much:
| Arrears at the date you serve | Grounds you can rely on |
|---|---|
| Some rent owed | Ground 10 (discretionary) |
| A history of late payment | Ground 11 (discretionary) |
| At least 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) | Ground 8 (mandatory), plus 10 and 11 |
Ground 8 must also be met on the day of the hearing. Landlords usually include all three grounds, so that if the tenant pays some of the arrears, the claim can still go ahead on Grounds 10 and 11. Check the threshold with the rent arrears calculator. The notice itself is explained in Section 8 notice for rent arrears.
Worked example
Rent is £900 a month, due on the 1st. The tenant misses the August 2026 payment.
- Monday 3 August: you call the tenant; they say their hours have been cut.
- Friday 7 August: you send a rent arrears letter offering a plan of £150 a month on top of the rent.
- 1 September and 1 October: no rent arrives, and no plan is agreed.
- 1 October: the arrears reach £2,700, which is 3 months' rent, so the Ground 8 threshold is met.
- Monday 5 October 2026: you serve Form 3A on Grounds 8, 10 and 11. Four weeks beginning with 5 October end on 1 November, so the earliest date to go to court is Monday 2 November 2026.
If the tenant pays down below £2,700 before the hearing, Ground 8 fails, but Grounds 10 and 11 remain.
What you must not do
Watch out: changing the locks, or getting anyone other than court bailiffs or High Court enforcement officers to remove the tenant, is illegal eviction. Since 1 May 2026, councils can impose a civil penalty of up to £40,000 for unlawful eviction or harassment, and prosecution is also possible. See illegal eviction.
Also avoid:
- serving a landlord's notice to quit: it has no effect on an assured tenancy since 1 May 2026;
- using the old Form 3, or a home-made notice: private landlords must use Form 3A;
- adding interest or charges to a payment plan, or adding anything at all during a Breathing Space;
- contacting the tenant about the debt during a Breathing Space.
What to do next
If talking and a plan haven't worked, the Section 8 notice works out your dates for Grounds 8, 10 and 11 and fills in Form 3A with the full ground wording, plus a certificate of service. Read evicting a tenant for rent arrears for the full route to court.
Section 8 notice
Section 8 notice (Form 3A)
Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
- ✓ Updated for the Renters' Rights Act 2025
- ✓ Dates and notice periods calculated
- ✓ Plain-English checks before you serve
- ✓ Download as PDF, ready to sign
Frequently asked questions
Can I evict a tenant straight away for not paying rent?
No. You must serve a Section 8 notice on Form 3A, wait at least 4 weeks for the arrears grounds, then get a possession order from the court. Only court bailiffs or High Court enforcement officers can carry out the eviction.
Can the tenant's Universal Credit be paid to me directly?
GOV.UK points landlords to managed payments, where the housing part of Universal Credit or Housing Benefit is paid to the landlord, as an alternative to eviction. Check GOV.UK for how to ask and the conditions that apply.
What if the tenant has already moved out without paying?
Then you are recovering a debt, not seeking possession. Check the deposit, any guarantor, and whether a money claim is worth bringing. Make sure the tenancy has actually ended, by notice, surrender or court order, before you re-let.
The tenant says they are withholding rent because of repairs. What now?
Deal with the repairs as well as the arrears. In court, a tenant can counterclaim for disrepair, and the court can set that against the arrears, which can take them below the Ground 8 threshold. If disrepair is in dispute, speak to a solicitor before issuing a claim.
Sources
Related guides
Rent arrears: a landlord's step-by-step guide
What to do about rent arrears in England from the first missed payment: letters, payment plans, Universal Credit, Breathing Space, Section 8 and recovery.
Rent arrears letter template
A free rent arrears letter template for landlords in England: what to include, when to send it, what never to say, and how it fits with Section 8 notices.
Agreeing a rent arrears payment plan
How to agree a payment plan for rent arrears in England: the interest-free, 12-instalment limits, a worked plan, what to write down and the Section 8 effect.
Section 8 notice for rent arrears
How to serve a Section 8 notice for rent arrears in 2026: the 3-month Ground 8 threshold, why to add Grounds 10 and 11, the 4-week notice and the evidence.
Illegal eviction and harassment: what landlords must not do
Illegal eviction and harassment rules for landlords in England: the £40,000 civil penalty, prosecution, rent repayment orders and how to stay lawful.
Rent arrears calculator (Ground 8 check)
Free rent arrears calculator for landlords in England: check if arrears meet the Ground 8 threshold of 3 months or 13 weeks, after Universal Credit delays.
This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.