If your tenant is not paying rent, the first step is to act quickly but calmly. Check your records, contact the tenant in writing, keep evidence of all communication, and try to agree on a realistic repayment plan where appropriate.
After 1st May 2026, landlords can’t repossess their property by serving Section 21. As serving Section 21 didn’t require any reason, and the notice period was 2 months.
Due to the Renters’ Rights Act (since 1st May 2026), landlords can’t use this way to repossess their property.
In case the tenant doesn’t pay rent, the landlord has to go through a time-consuming, stressful and expensive legal procedure. Propertymark estimated 64 weeks for repossession of a property.
That is why we recommend prevention rather than a long legal procedure.
Smart steps for a landlord to avoid tenant eviction:
- Rigorous tenant referencing and interviewing prospective tenants
Referencing involved:
- ID check, Right to rent checks
- Credit & Affordability checks
- Income checks, including Open Banking, HMRC, and payroll provider
- Employer reference and Reference from Previous landlord(s)
- If Required Guarantor Requested & Referenced
- Rent Guarantee Insurance with Legal Expenses Cover
- Keep up a good landlord-tenant relationship
What to do if your tenant is in rent arrears:
- Have a rent arrears procedure in place
Timescale of contacting your tenant regarding the rent arrears and with the right wordings
- Written and traceable correspondence is highly recommended
If you have to serve notice to your tenants to evict them:
Tenants must be at least three months in arrears before landlords can serve notice.
To serve a Section 8 notice you must complete “Form 3” download from the government website, in accordance with the terms of the tenancy agreement.
Eviction reason must be supported by a specific legal “ground” and backed by evidence. Provide solid documented evidence of tenant breaches to support the grounds for eviction.
Missing key information can lead to delays or an invalid notice, potentially allowing tenants to remain in the property.
Use Ground 8 (Amended), mandatory ground – If the tenant is at least three months in arrears (or 13 weeks if rent is paid weekly or fortnightly). In this case, Notice period: 4 weeks.
Serving Section 8 notice, court process involved in all cases
If a mandatory ground is proven, the court must grant a possession order
Our Advice:
– Seek legal advice from specialised property solicitors before serving Section 8
– Keep compliant tenancy documentation for the shake of successful eviction
– Ensure all information on Form 3: is complete and correct, using the correct notice period, set out the wording of the ground relied upon in full, landlord must explain the situation and particular circumstances to the tenant.
After Section 8 notice served, the tenant has until the end of their notice period to stop any breaches of tenancy or vacate.
At the end of the notice period, the tenant can start court proceedings, or the landlord can apply for a possession order. Tenants may challenge by presenting a defence or requesting extra time due to “extreme hardship.”
Combined with an already stretched court system, this could significantly extend eviction timelines. This means landlords may receive no rental income for six months or more before regaining possession.
If the possession order is granted and enforced through a court order, the landlord must seek enforcement if the tenant doesn’t vacate the property, (county court bailiffs or High Court Enforcement Officers).
The Immediate Answer For Landlords Facing Rent Arrears
A tenant not paying rent does not mean you can change locks, remove belongings, cut off services, or force them out. That could be illegal eviction.
Your safest first steps are:
- Confirm exactly what is owed.
- Contact the tenant promptly and professionally.
- Put everything in writing.
- Offer a repayment discussion if suitable.
- Review your tenancy agreement.
- Check whether rent guarantee insurance applies.
- Seek professional advice before serving notice.
Step 1: Check The Arrears Before Taking Action
Before contacting the tenant, make sure the arrears are accurate.
Check:
- rent due date
- amount received
- missed payments
- standing order issues
- part-payments
- any agreed payment changes
- whether the tenant has reported repairs or disputes
This protects you from acting on incorrect information and gives you a clear paper trail if the matter escalates.
Step 2: Contact The Tenant In Writing
A missed rent payment may be caused by a banking issue, job change, illness, or temporary financial difficulty. Early communication often prevents the issue from becoming a serious dispute.
Send a calm message confirming:
- the rent amount missed
- the date it was due
- the total arrears
- a request for payment or explanation
- a reasonable deadline for response
Avoid emotional language or threats. Keep the tone professional and factual.
What To Avoid Saying
Avoid phrases such as:
- “You must leave immediately”
- “I will change the locks”
- “I am coming round today”
- “You have broken the agreement so the tenancy is over”
Even if rent is unpaid, the tenant still has legal rights.
Step 3: Try To Agree A Repayment Plan
If the tenant responds and wants to resolve the issue, a written repayment plan may be the fastest and least costly option.
A good repayment plan should include:
- the current arrears balance
- normal monthly rent due
- additional repayment amount
- payment dates
- what happens if payments are missed again
Only agree to a plan that is realistic. A repayment plan that looks good on paper but fails after two weeks can delay action and increase the arrears.
Step 4: Keep A Clear Evidence Trail
If the rent arrears process reaches a legal stage, your records matter.
Keep copies of:
- tenancy agreement
- rent schedule
- bank statements
- missed payment records
- emails and messages
- letters sent
- inspection notes
- repayment offers
- tenant responses
This evidence can support a possession claim if formal action becomes necessary.
Step 5: Understand The Legal Route For Rent Arrears
For landlords in England, eviction must follow the correct legal process. Shelter explains that a Section 8 notice can be used where a landlord has a legal reason, such as rent arrears. See here.
Government guidance now reflects the Renters’ Rights Act changes from 1 May 2026, including updated possession rules for private landlords.
In simple terms, landlords should expect to:
- identify the correct legal ground
- serve the correct notice
- wait for the required notice period
- apply to court if the tenant does not leave or resolve the arrears
- obtain a possession order if successful
- use court-appointed enforcement if needed
Do not attempt to remove the tenant yourself.
How The Renters’ Rights Act Changes The Risk For Landlords
The Renters’ Rights Act has made process and compliance more important. From 1 May 2026, private renting rules in England changed, including the end of Section 21 no-fault eviction for new possession action.
For landlords, this means rent arrears cases need to be handled carefully from the beginning. The stronger your records, referencing, tenancy setup, and communication, the better protected you are if a dispute develops.
When Rent Guarantee Insurance Can Help
Rent guarantee insurance can help protect landlords if tenants fall behind with rent. Depending on the policy, it may cover unpaid rent and legal expenses linked to possession or disputes.
This can be especially valuable if:
- you rely on rent to cover a mortgage
- one missed payment affects your cash flow
- you own multiple rental properties
- you want legal support during disputes
- you prefer structured risk protection
Balvay Estate Agents offers landlord support including rent guarantee insurance and legal expenses cover.
Common Mistakes Landlords Make When Rent Is Not Paid
Waiting Too Long
A polite reminder is fine, but repeated missed payments need structured action. Delay can make recovery harder.
Relying On Verbal Agreements
Always confirm repayment plans in writing.
Serving The Wrong Notice
Incorrect paperwork can delay possession proceedings and increase losses.
Letting Emotions Take Over
Rent arrears are stressful, but threats or informal pressure can create legal problems for the landlord.
Not Reviewing Prevention
Once the issue is resolved, review referencing, affordability checks, guarantors, insurance, and management processes.
How Professional Property Management Reduces Rent Arrears Risk
Good property management cannot remove every risk, but it can reduce many of the common causes of rent arrears and disputes.
This includes:
- stronger tenant referencing
- clear tenancy documentation
- rent collection monitoring
- early arrears communication
- regular records
- compliance oversight
- practical guidance if legal action is needed
Balvay Estate Agents supports landlords with property management and landlord services designed to protect income, reduce avoidable risk, and keep tenancies properly managed.
FAQs About Tenants Not Paying Rent
Can I Evict A Tenant For Not Paying Rent?
Yes, but only by following the correct legal process. In England, landlords must use valid possession grounds and cannot remove a tenant without the proper notice, court process, and enforcement route.
Can I Change The Locks If My Tenant Stops Paying Rent?
No. Changing the locks without following the legal eviction process can amount to illegal eviction.
Should I Accept A Repayment Plan?
It depends on the tenant’s situation, payment history, and whether the plan is realistic. Always put any agreement in writing.
Does Rent Guarantee Insurance Cover All Rent Arrears?
Cover depends on the policy terms, eligibility, referencing requirements, and claim conditions. Always check the policy documents before relying on cover.
When Should I Get Professional Help?
Seek help as soon as arrears continue beyond the first missed payment, the tenant stops responding, or you are unsure which legal notice applies.
A Calm Next Step For Landlords
If your tenant has stopped paying rent, the best approach is structured, documented, and legally compliant. Start with communication, keep evidence, avoid informal pressure, and get advice before taking formal possession action.
For landlords who want support with rent arrears, property management, or income protection, Balvay Estate Agents can help you understand your options.
