Resolve issues with rent arrears & secure the income you deserve
Dealing with rent arrears can be an incredibly stressful and challenging experience for you as a landlord. When your tenants fail to pay their rent, it falls under what is known as 'priority debts,' which can have consequences for both you and your tenants. Rent arrears can severely impact your income, creating financial strain and uncertainty. If you don't address these arrears promptly, they can lead to the termination of the tenancy agreement and may even result in eviction.
The rent arrears experts at AST Assistance have helped many landlords resolve issues with rent arrears, to secure the income you are owed or find another suitable solution. Working by your side, we will talk you through your rights and responsibilities, and the steps you can take to solve the issue of rent arrears, including the option of using benefit payments to pay off arrears.
To address rent arrears owed by a tenant in your property, contact our specialist rent dispute team today. Call us on 01706 619 954, email info@ast-assistance.com, or fill in our online form to request a call back.
Our approach to rent arrears
you’re a private landlord dealing with rent arrears, you may be able to begin rent arrears eviction proceedings when a tenant fails to meet their rental obligations. Missed or late payments put the tenant in breach of their tenancy agreement, giving you the right to take action. If your property is managed by an agent, they may attempt to contact the tenant and recover the outstanding balance, but their authority is limited. They often lack the ability to progress matters swiftly through the courts, leaving many landlords waiting longer than necessary to recover losses.
If you manage the property yourself, you can take steps to recover the unpaid rent and, where necessary, seek possession through the courts. A Section 8 Notice for rent arrears is the standard route for eviction based on non-payment. This formal rent arrears notice must clearly state the amount owed and provide the tenant with a defined notice period before court proceedings begin. If the tenant still fails to pay, you can apply to the court for possession and a money judgment to cover the arrears, court fees and legal costs.
Understanding rent arrears, landlords’ rights and the eviction process can help you avoid errors that could delay or invalidate your claim. Each stage of the eviction process must comply with legal requirements, and failing to follow them correctly can lead to penalties or dismissal of your case.
Can I evict a tenant for rent arrears?
When a tenant accrues rent arrears due to missed rent payments, they are in breach of their tenancy agreement, which means you are eligible to take action against them. If your property is managed through an agent, they may be able to help you contact the tenant, in the hope of securing the money. However, they have limited resources and are often incapable of pursuing action in a swift manner.
If you manage your property privately, you may make an attempt to secure the rent you are due. There are different ways that you can try to secure the rent you are owed, but each has legal requirements that you must fulfil, or you risk facing penalties yourself. Additionally, court actions related to eviction can result in a judge adding a monetary judgment to cover rent arrears, court fees and legal costs - so it is vital that you understand your rights and take the appropriate course of action.
Visit our eviction page for more information on the eviction rights you have as a landlord.
What are my rights as landlord for dealing with rent arrears?
AST Assistance will help to make contact with the tenant, explaining the obligations of both parties as set out in the tenancy agreement.
If contact with the tenant is unsuccessful, we will look to speak to a guarantor, if there is one.
If the attempts to make contact with the tenant and guarantor are unsuccessful, we will help you to serve a Section 8 notice. This acts as a warning that should the tenant fail to clear their rent arrears in the next 14 days, you will be eligible to take them to court.
One option to manage the money owed by tenants is to set up a repayment plan. This allows tenants to spread the amount owed across future rent payments, making it easier for them to clear their arrears. Tenants may also be eligible for a discretionary housing payment from the local council to help cover rent arrears.
At AST Assistance, we will guide you in taking control of a rent arrears situation, giving you the tools and knowledge you need to successfully resolve the issue. While you may have the right to take them to court, we have the experience to resolve cases before they reach this stage - in fact, three out of four cases we handle are settled before involving the courts, which is simpler and more cost-effective for our clients.
FAQs about rent arrears
What is rent arrears recovery?
Rent arrears recovery refers to the process of reclaiming unpaid rent from a tenant who has fallen behind on their payments. Arrears arise when a tenant stops paying rent in full or on time, leaving an outstanding balance that may increase depending on how much rent remains unpaid. Once arrears accumulate, you have several options to recover the debt, depending on how long the tenancy started and the tenant’s current circumstances.
For guidance on recovering rent arrears and managing possession proceedings correctly, contact AST Assistance today.
How will the abolishment of Section 21 affect rent arrears?
The abolishment of Section 21, expected in early to mid-2026, will bring major changes to how landlords handle rent arrears. Assured shorthold tenancies will be removed, with all new and existing tenancies moving to open-ended periodic arrangements once the legislation is fully enacted. Landlords will no longer be able to regain possession through a ‘no-fault’ eviction. Instead, all evictions will proceed under Section 8, which requires reliance on specific grounds such as rent arrears, antisocial behaviour or breach of tenancy terms.
These reforms increase security of tenure and place greater emphasis on clear records and communication throughout the tenancy to manage arrears effectively. If you rent under an assured tenancy and need guidance on preparing for these changes in managing arrears under the new periodic tenancy system, contact AST Assistance today.
How many months’ rent arrears before eviction can be pursued?
At present, landlords can begin eviction proceedings once a tenant falls two months into rent arrears. However, once the Renters Rights Bill comes into effect, this threshold will rise to three months of arrears before a landlord can seek possession through the courts. This change will apply to all periodic tenancies introduced under the new legislation. Landlords should review their tenancy management processes and maintain accurate rent records to remain compliant with the updated rules.
How to claim unpaid rent from a tenant
The first step is to issue a formal demand letter, often called a Letter Before Action, in line with the pre-action protocol for debt recovery. This document should outline all the arrears, the total housing costs owed, how the amount has been calculated, and what the claim is based on - typically the tenancy agreement. It should also include supporting evidence such as rent schedules or bank statements. The tenant must then be given a clear notice period of at least 30 days to respond, make a payment or agree to a payment plan if they cannot afford to pay in full by a certain date.
If the tenant fails to respond, you can begin legal action through the Money Claims Online service for debts up to £10,000.
The process may lead to court proceedings, where you will receive a court hearing date to present your case. If the court rules in your favour, it will issue a court order confirming the amount of rent owed. In some cases, this may form part of a possession claim if you are also seeking to recover the property once the tenancy ends.
Following the judgment, you may need to enforce the order to recover the outstanding rent. This could involve applying for a County Court Judgment (CCJ), instructing enforcement officers (bailiffs), or requesting an attachment of earnings order. If eviction is necessary, the court will set an eviction date once possession is granted.
AST Assistance can provide clear guidance through every stage of claiming unpaid rent - from preparing documentation and complying with court requirements to enforcing judgments - helping landlords recover what they are owed efficiently and lawfully.
How would a repayment plan be decided?
A repayment arrangement is usually agreed through open discussion between you and your tenant, setting out how the arrears will be cleared over a set period. The arrangement should be realistic and based on the tenant’s ability to pay while still meeting their ongoing rent. At AST Assistance, we can act as a mediator on your behalf, helping to organise a fair and structured repayment plan that protects your interests and promotes a practical resolution.
Can a landlord keep a deposit for unpaid rent (UK)?
You can retain part or all of your tenant’s deposit to cover unpaid rent, provided you have clear evidence of the amount owed. However, the deposit must have been protected in a government-approved tenancy deposit scheme within 30 days of receiving it. If you fail to do this, your claim for unpaid rent could be rejected, and you could face a fine of up to three times the deposit amount for each breach.
Any deductions you make must comply with the rules of the deposit scheme, so it’s important to keep detailed rent records and copies of any communication with your tenant. This will help support your position if a dispute arises.
How can rent arrears be avoided?
Rent arrears can often be avoided through careful tenant selection and proactive management. By thoroughly vetting potential tenants, including checking their credit history, employment status and references from previous landlords, you can reduce the likelihood of missed payments. It’s also worth asking prospective tenants about their income-related employment and whether they claim benefits, such as Universal Credit or receive housing benefit, to help assess their ability to meet ongoing rent payments.
For tenants who receive the housing element of Universal Credit, confirming how and when payments are made can prevent confusion or delays that may lead to arrears. Setting up standing orders, maintaining clear communication about rent expectations, and carrying out regular rent reviews can also help identify problems early.
Contact AST Assistance
Dealing with rent arrears by yourself can be complicated and stressful. To give yourself some breathing space and the best chance of successfully settling your issue, get in touch with the team of rent arrears specialists at AST Assistance today. Call us at 01706 619 954, email info@ast-assistance.com, or fill in our online form to request a call back.
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