What is the process of claiming rent arrears from a tenant?

When a tenant falls into rent arrears, landlords should act promptly and keep clear records of all communication and missed payments. Addressing the issue early can help resolve the situation before it develops into a formal dispute.

Communication with the tenant

The first step is to contact the tenant and confirm the reason for the missed payments. In some cases, arrears occur due to temporary financial issues or misunderstandings about payment dates.

Discussing the issue directly may allow the landlord and tenant to agree on a repayment plan that clears the outstanding balance over time while maintaining the tenancy.

Sending a formal Letter

If the arrears remain unresolved, the landlord should send a formal letter setting out the details of the debt. This letter should clearly state:

• The total amount of rent owed.
• The dates when payments were missed.

A deadline for payment or a proposed repayment arrangement.

Providing written confirmation of the arrears creates a documented record showing that the tenant has been notified of the debt.

Utilising mediation services

If discussions between the landlord and tenant do not resolve the issue, mediation may be considered. Mediation involves an independent third party helping both sides discuss the dispute and work towards an agreement.
Mediation can address issues such as unpaid rent or breaches of tenancy terms and often resolves disputes more quickly than court proceedings.

Issuing a Section 8 notice

If the tenant continues to fall behind on rent, the landlord may serve a Section 8 notice under the Housing Act 1988. This notice informs the tenant that the landlord intends to seek possession of the property due to a breach of the tenancy agreement, such as rent arrears.

The notice must comply with the statutory requirements, including the correct grounds for possession and the appropriate notice period.

Taking legal action

If the arrears remain unpaid after the notice period, the landlord can apply to the county court for possession of the property. The court may grant a possession order and may also make a judgment for the outstanding rent. If the tenant does not leave the property after a possession order has been granted, the landlord can apply for a warrant of possession allowing county court bailiffs to carry out the eviction.

Prevention of future rent arrears

Taking preventative steps can reduce the likelihood of rent arrears developing during a tenancy. Careful tenant selection is often the first stage. Tenant referencing allows landlords to review a prospective tenant’s credit history, employment status and previous rental conduct, providing a clearer picture of their ability to meet rent payments.

Some landlords choose to work with property management specialists to help oversee the day-to-day administration of their rental property. Professional management services can assist with rent collection, tenant communication, compliance monitoring and handling issues such as missed payments. Having a structured management process in place may help landlords respond more quickly if rent payments are delayed.

What is the cutoff for pursuing unpaid rent?

Landlords can pursue unpaid rent for a limited period under UK law. In England and Wales, the Limitation Act 1980 allows landlords to bring a claim for rent arrears for up to six years from the date the rent became due.

This means that if a tenant has left the property but still owes rent, the landlord may still pursue the debt through the courts within that six-year period. Claims can be made against former tenants for the outstanding balance, provided the landlord has records showing the amount owed and when the arrears arose.

Keeping accurate documentation, including the tenancy agreement, rent schedule and communication with the tenant, can help support a claim if court action becomes necessary.

What if the tenant can't afford to repay rent arrears?

If a tenant is unable to repay the full amount immediately, landlords may consider discussing a repayment arrangement. This could involve the tenant paying the current rent while gradually clearing the arrears through agreed instalments.

Some tenants may also be eligible for financial support such as housing benefit or Universal Credit housing costs, which may help them manage ongoing rent payments.

Where agreement cannot be reached or arrears continue to increase, landlords may need to consider serving a notice seeking possession or pursuing the debt through the courts.

How much rent should a tenant owe before I can serve a Section 8 notice?

A landlord can serve a Section 8 notice when a tenant breaches the terms of the tenancy agreement, including failing to pay rent. Rent arrears are one of the statutory grounds for possession under the Housing Act 1988.

At time of writing where landlords can rely on Ground 8, which is a mandatory ground for possession where:

• At least two months’ rent is unpaid if rent is paid monthly.
• At least eight weeks’ rent is unpaid if rent is paid weekly.

Under the updated rules expected from May 2026 when all aspects of the Renters Rights Act 2025 will be enacted, the arrears threshold for the mandatory rent arrears ground is expected to increase. The proposed requirements indicate that landlords will need to show:

• At least three months’ rent is unpaid if rent is paid monthly.
• At least twelve weeks’ rent is unpaid if rent is paid weekly.

To succeed under the mandatory rent arrears ground, the required level of arrears must still be outstanding both when the Section 8 notice is served and at the court hearing.

Landlords may also rely on Ground 10 (some rent remains unpaid) or Ground 11 (persistent delay in paying rent). These are discretionary grounds, meaning the court will decide whether possession should be granted based on the circumstances of the case.

How AST Assistance can help landlords with rent arrears recovery

Rent arrears can place pressure on landlords, particularly where a tenant fails to meet their obligations under the tenancy agreement. AST Assistance supports landlords across the UK by providing practical guidance on resolving arrears disputes and taking the appropriate legal steps where necessary.

If arrears continue, AST Assistance can support landlords who need to recover rent arrears through more formal action. This includes assistance with preparing and serving the correct documentation, including Section 8 notices for rent arrears and advice on the legal grounds available when seeking possession of a property.

Depending on your needs, our support can include:

• Reviewing your tenancy agreement to confirm the tenant’s payment obligations and identify the appropriate grounds for action.
• Advising you on communication strategies when a tenant fails to pay rent.
• Assisting with the preparation and service of Section 8 notices relating to rent arrears.
• Supporting you in discussions around repayment arrangements and payment plans.
• Advising on mediation options where disputes arise between you and your tenant.
• Guiding you through the process of initiating court proceedings to recover rent arrears.
• Explaining what to expect during a court hearing and the potential outcomes available if you are seeking possession of your property.

Our aim is to help you take informed and compliant action while reducing the administrative burden associated with arrears disputes. With experience in tenancy management, mediation and possession procedures, AST Assistance provides clear guidance so you can manage your property and address rent arrears with confidence.

For further advice, contact AST Assistance on 01706 619954, email info@ast-assistance.com, or complete the online contact form below and a member of our team will respond at a convenient time.