Updated 27 October 2026. This England-only guide reflects rules in force for most privately rented assured tenancies after the Renters’ Rights Act changes began on 1 May 2026. The archive item was first published on 1 May 2025; this update keeps that original date. It is general information, not legal advice for an individual case.
Start with the tenancy and the figures. If rent is late, check the tenancy terms, payment dates and your rent ledger before taking action. Record each amount due, payment received and any credit or agreed change. Contact the tenant promptly and calmly: a missed payment may be a mistake or a sign that they need support. A written plan to clear arrears may resolve the issue without court action. Keep copies of messages and any agreement.
The rules depend on tenancy type and location. This guide concerns most privately rented assured tenancies in England. Different rules apply to lodgers, licences, regulated tenancies and some social housing. Scotland, Wales and Northern Ireland have separate procedures. Check the relevant official guidance for the tenancy involved.
Possession rules changed on 1 May 2026. For most private assured tenancies in England, the Renters’ Rights Act reforms took effect on 1 May 2026. Existing assured shorthold tenancies became assured periodic tenancies. A landlord cannot use Section 21 to seek possession under the new process. For rent arrears, a landlord needs a valid possession ground and must use a Section 8 notice, usually Form 3A. The notice must explain the ground and reasons and give the correct notice period. GOV.UK says the rent-arrears grounds generally require four weeks’ notice.
There is a narrow transition for notices served before 1 May. The government says 31 July 2026 was the last date to apply to court using most such Section 8 or Section 21 notices. A case already filed by that deadline can continue; special breathing-space rules may affect some older Section 8 claims. If an older notice or claim is involved, check the transition guidance and get advice on the specific case.
A notice does not itself remove a tenant. If the tenant does not leave, the landlord must apply to court and obtain a possession order. Do not change locks, remove belongings, cut services or pressure someone to leave outside the lawful process.
What the court considers. Ground 8 for rent arrears is mandatory only if its statutory conditions are met at both the notice and hearing stages. For monthly rent, the threshold is at least three months’ rent unpaid; for weekly or fortnightly rent, it is at least 13 weeks. Unpaid housing support that has not yet been received is treated under specific rules and should not simply be counted as ordinary arrears. If the Ground 8 threshold is not met, other grounds may still be relevant, but some are discretionary and the judge decides whether possession is reasonable. Evidence, notice wording, timing and tenancy type matter; a notice does not guarantee an order.
A measured response. Keep an accurate account, speak with the tenant, consider an affordable repayment arrangement and signpost independent debt or housing advice where appropriate. If the tenant disputes the balance, reconcile the figures before escalating. Get professional advice if the tenancy type, notice, court deadline or arrears calculation is unclear. Tenants who receive a possession notice should check it promptly and seek independent advice.
Sources: GOV.UK, “Rent arrears”; “Repossessing your privately rented property after 1 May 2026”; “Giving notice of possession to tenants before 1 May 2026”; and “Grounds for possession: guidance for landlords and letting agents”.