Rent Arrears
At a Glance
Rent arrears simply mean you owe rent that should already have been paid.
Falling behind doesn’t automatically mean you’ll lose your home, but it’s important to act quickly. The sooner you speak to your landlord and seek support, the more options you’ll usually have.
Under the Renters’ Rights Act, landlords can still seek possession of a property because of rent arrears, but they must follow the correct legal process. They cannot simply change the locks or force you to leave without a court order.
What Are Rent Arrears?
Rent arrears are any rent that remains unpaid after it becomes due.
For example:
- Your rent was due on 1st June but wasn’t paid.
- You only paid part of your monthly rent.
- A standing order failed.
- Your Universal Credit housing payment was delayed and left a shortfall.
Even a relatively small amount can technically be classed as rent arrears, although landlords will often take a practical approach where tenants communicate early and make efforts to resolve the issue.
What Happens If I Miss a Rent Payment?
Missing one payment doesn’t usually mean legal action will begin immediately.
Many landlords will first:
- Contact you to ask why the payment is late.
- Send a reminder.
- Ask when the rent will be paid.
- Discuss a repayment arrangement.
If the arrears continue to increase, the landlord may eventually decide to begin possession proceedings.
Throughout this process, continue communicating with your landlord wherever possible. Ignoring phone calls, letters or emails rarely improves the situation.
What Should I Do If I Can't Pay?
The most important thing is to act early.
If you know you’re going to struggle to pay your rent:
Tell your landlord immediately
Most landlords would rather know about a problem before the rent is due than discover it afterwards.
Explain:
- Why you’ve fallen behind.
- Whether the problem is temporary or ongoing.
- When you expect your circumstances to improve.
- What you can realistically afford to pay.
Being honest doesn’t guarantee the landlord will agree, but it often leads to better outcomes than remaining silent.
Keep paying what you can
If you cannot pay the full rent, continue making payments wherever possible.
Reducing the arrears is generally better than making no payment at all.
Always keep records of every payment you make.
Check your budget
Review your monthly spending to identify whether you can increase your rent payments, even temporarily.
Many people find they can free up money by reducing discretionary spending while they get back on track.
Seek advice early
Free advice is available from organisations such as Citizens Advice, Shelter and your local council.
The earlier you seek help, the more options you’re likely to have.
Can My Landlord Evict Me?
Possibly – but only by following the legal process.
A landlord cannot:
- Change the locks.
- Remove your belongings.
- Cut off your utilities.
- Force you to leave.
To evict you because of rent arrears, they must:
- Serve the appropriate legal notice.
- Wait for the notice period to expire.
- Apply to the court.
- Obtain a possession order.
- If necessary, arrange for court-appointed enforcement officers or bailiffs to carry out the eviction.
Until that process has been completed, you usually remain entitled to stay in your home.
How Much Rent Do I Need to Owe?
The law contains several different possession grounds relating to rent arrears.
Ground 8 (Mandatory)
For tenants who pay rent monthly, Ground 8 usually applies where you owe at least three months’ rent:
- when the landlord serves the notice; and
- when the court hears the case.
If the legal requirements are met, the court must normally grant possession.
Certain unpaid Universal Credit housing costs are disregarded when calculating whether the three-month threshold has been reached.
Ground 10 (Discretionary)
A landlord may also seek possession if you owe any amount of rent when the notice is served and when the court hearing takes place.
Unlike Ground 8, the court has discretion and will consider the circumstances before deciding whether possession is reasonable.
Ground 11 (Persistent Late Payment)
Even if you have cleared your arrears before the hearing, a landlord may rely on Ground 11 if you’ve repeatedly paid your rent late.
The court will consider your payment history, the reasons for the late payments and whether it is reasonable to make a possession order.
Most rent arrears notices require at least four weeks’ notice, although different rules can apply in certain circumstances.
Can I Agree a Repayment Plan?
Yes.
Many landlords are willing to agree a repayment plan, particularly where:
- you’ve been a reliable tenant previously;
- the financial problem is temporary;
- you’re communicating openly; and
- you’re making regular payments.
A repayment plan might involve:
- paying your normal monthly rent; plus
- an additional amount each month towards the arrears.
For example:
Monthly rent: £850
Monthly repayment: £100
Total monthly payment: £950
Only agree to a repayment plan you can realistically afford.
If you agree to pay more than you can manage, you may simply fall further behind.
Always ask for the agreement to be confirmed in writing.
What Financial Support Is Available?
Depending on your circumstances, you may be entitled to help.
This could include:
Universal Credit Housing Costs
If you’re eligible for Universal Credit, you may receive help towards your rent.
Always report changes in your circumstances promptly.
Housing Benefit
Some tenants still receive Housing Benefit under older benefit arrangements.
Discretionary Housing Payments (DHP)
Your local council may provide extra financial assistance if your housing costs aren’t fully covered by benefits.
These payments are discretionary and aren’t guaranteed.
Debt Advice
If your rent arrears form part of wider financial difficulties, a free debt adviser may be able to help you prioritise essential payments and negotiate with creditors.
What Should I Avoid?
If you’re struggling with rent arrears, try to avoid:
- Ignoring your landlord.
- Ignoring legal notices.
- Stopping rent payments altogether.
- Borrowing money you cannot realistically repay.
- Assuming you’ll automatically be evicted.
- Waiting until court papers arrive before seeking advice.
Early action almost always gives you more options.
Need Urgent Help?
If you’ve received a possession notice or court papers because of rent arrears, seek advice immediately.
Don’t wait until the hearing date.
Many cases can still be resolved through negotiation, repayment agreements or legal advice before an eviction takes place.
Frequently Asked Questions
Is being one day late with my rent classed as arrears?
Yes.
As soon as rent becomes overdue, it is technically in arrears.
Can my landlord charge interest?
Sometimes.
Interest can usually only be charged if:
- your tenancy agreement allows it;
- the rent has been overdue for at least 14 days; and
- the interest rate complies with the Tenant Fees Act.
Can my landlord evict me after missing one payment?
Not automatically.
Although any arrears can potentially lead to legal action, landlords must still follow the statutory possession process and obtain a court order before you can be evicted.
What if my Universal Credit payment is delayed?
Tell your landlord immediately.
Keep evidence of the delay and continue paying whatever you reasonably can while the issue is being resolved.
Will paying off the arrears stop eviction?
Not always.
For example, clearing your arrears below the Ground 8 threshold before the court hearing may affect that particular ground, but the landlord may still rely on other legal grounds depending on the circumstances.
Can my landlord change the locks because I owe rent?
No.
Changing the locks or forcing you out without following the legal process may amount to an illegal eviction.
Key Takeaways
- Rent arrears simply mean rent that should have been paid remains outstanding.
- Contact your landlord as soon as you know you'll struggle to pay.
- Continue paying as much rent as you reasonably can.
- Landlords must follow the legal possession process before evicting a tenant.
- Different possession grounds apply depending on the amount owed and your payment history.
- Repayment plans can often prevent matters escalating.
- Free financial and housing advice is available - don't wait until the situation becomes critical.
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