What to do if a tenant doesn't pay rent

When a tenant misses a rent payment, there are several steps a landlord can take. In most cases, matters can be resolved without legal intervention, and this is typically the most cost-effective and straightforward approach. In some cases, a transfer may be delayed, or the tenant's financial circumstances may have changed, and there are administrative reasons for the non-payment.

Where the matter cannot be resolved informally, there are also legal routes landlords can pursue. The steps you take immediately after a tenant misses their first payment can support either approach, and following the right procedure can increase your likelihood of recovering the money you are owed and preserving the relationship. This can also prevent arrears from growing and keep the situation from getting worse.

In the most serious circumstances, it is possible to serve an eviction notice after a tenant misses a certain number of rent payments, but this can be complicated and it is best to seek legal advice on the options available in your case. The right approach depends on the arrears, the terms of the tenancy agreement, the property itself and the landlord's circumstances.

Here, JMW's landlord and tenant dispute solicitors list the steps that landlords should take when a tenant stops paying their rent, and outline the steps towards resolution that may be available.

What should you do when a tenant first misses a rent payment?

Your first step if a tenant fails to pay their rent should be to make a record of it. This should include the date, the amount owed, and any other relevant details. It may help to check the specific terms of the tenancy agreement, to be clear about the rent due, the expected payment date, and the tenancy payment terms. You should also review bank records and the rent schedule to confirm the payment has been missed or delayed and that the tenant is responsible, rather than a bank error.

With these details to hand, contact your tenant to talk about the situation. You should remain professional, and ask the tenant why they have not been able to pay the rent. In some cases, an issue with their income or other bills could be responsible, and the tenant may be able to pay the rent shortly after it was due. Steer away from pressure or threats, as attempts to force a private tenant to pay or to leave the property without the correct procedure can amount to unlawful eviction and have serious legal consequences for the landlord.

It is best to communicate in writing and keep copies of all messages about the rent arrears, or follow up any telephone or face-to-face agreement in writing. These records may become important if the arrears later lead to court proceedings or other formal approaches to resolution.

If the tenant is unlikely to be able to pay the rent, there are several possible options. Where there is a guarantor, the landlord should check whether the guarantee covers unpaid rent. Offering a payment plan or financial support may provide a practical route forward without the need for legal intervention. Only if the tenant remains unable to pay in these circumstances will the landlord be in a position to take legal action.

How does a payment plan work for rent arrears?

If the tenant accepts that they owe rent but cannot clear the arrears immediately, a structured payment plan may help. The arrangement should be agreed in writing, with provisions to cover ongoing rent payments and an affordable arrears contribution by a certain date.

If the tenant receives Universal Credit, the housing element may contribute towards their rent. Where they are at least two months behind, an Alternative Payment Arrangement may allow the housing element to be paid directly to the landlord, although the tenant must still pay the rent not covered by Universal Credit. Landlords can apply online for direct rent payments or a deduction from Universal Credit to cover rent arrears. A tenant receiving Universal Credit may also seek help from their local authority, including debt advice where available.

If there is disagreement over what is owed, negotiation or mediation may help resolve matters without taking legal action. Advice from a solicitor can enable you to implement a payment plan that protects your interests and that can be legally enforced. This means that if the tenant falls further into arrears, the landlord may pursue any eviction proceedings or possession proceedings that are necessary.

Should you contact the tenant's guarantor?

If the tenancy agreement has a guarantor, the landlord should check the guarantee before demanding payment. A valid tenancy guarantee may require the guarantor to cover unpaid rent, although this will depend on its wording. If so, contact the guarantor promptly, as involving them early may help recover rent arrears before the amount owed increases.

When can a landlord serve a Section 8 notice for rent arrears?

Most private renters in England now occupy under an assured periodic tenancy, which replaced the older assured shorthold tenancy structure. These periodic tenancies continue unless ended in accordance with the law which, for a landlord seeking possession from an assured periodic tenancy because of rent arrears, will generally mean serving a Section 8 notice and statutory grounds for eviction.

Under a Section 8 notice, a landlord aims to carry out an eviction based on a limited number of specific legal grounds. The notice must identify the grounds, explain why they apply and offer a suitable notice period for the tenant to leave. The matter will then be listed for a court hearing, during which the county court has discretion to approve the eviction or disallow it.

For rental arrears, the relevant grounds are:

• Ground 8: for monthly rent, the tenant can be evicted if they owe at least three months' rent when the Section 8 notice is served and at the court hearing. This can be risky, because if the tenant pays off part of their debt following the notice and the arrears fall below the threshold by the court hearing, the tenant cannot be evicted under ground 8.
• Ground 10: a tenant may be evicted where some rent is owed, but only if the court considers eviction reasonable based on the evidence supplied.
• Ground 11: a tenant can be evicted for persistent delays in paying rent, but only if the court considers eviction reasonable.

It is important to work with a solicitor when preparing an eviction notice, as the evidence you provide can be key to your success, and there are many, specific legal requirements that a landlord must meet for their eviction to be deemed legally sound.

Handling this process correctly is also important for ensuring that the tenant leaves when the eviction is successful. If the tenant refuses to leave the property following a possession order, the landlord will need a court order and enforcement process to have them removed. A warrant for possession can allow a bailiff to act so the tenant can be evicted from the property. However, a landlord who tries to have a tenant evicted outside the court process risks an unlawful eviction claim, so you should seek support with meeting your legal obligations in these circumstances.

JMW's Renters' Rights Act solicitors advise landlords on the current eviction rules, Section 8 notices and compliance with the Renters' Rights Act 2025.

Can a landlord recover unpaid rent when seeking an eviction?

A landlord may ask the court for a money judgment covering rent arrears alongside possession proceedings. If the tenant leaves owing money, the landlord may still pursue a debt claim to recover rent arrears from the tenancy.

Alternatively, a landlord may seek to deduct unpaid rent from the tenant's deposit where the tenancy and deposit rules permit it. Speak to a solicitor about your circumstances if you believe this is appropriate in your case.