What to do if a tenant stops paying rent

In England, private landlords usually start with contact, records and a rent-arrears notice strategy, but the legal route now depends sharply on England, Wales, Scotland or Northern Ireland. This guide states the England position first where relevant, then flags the different Wales, Scotland and Northern Ireland rules.

What should you do first when a tenant stops paying rent?

In England, contacting the tenant first is only advice for a private landlord, not a legal first-contact duty; in Scotland it is a legal precondition, because a private landlord must make reasonable efforts to agree a payment plan before they can evict for rent arrears at all. For an English private landlord dealing with a tenant who does not pay rent, the practical first step is to check the rent account, contact the tenant immediately, ask whether benefits or a banking problem explain the default, and keep written evidence of every message, because the formal possession route is still court-based. The pre-action protocol that says the landlord should contact the tenant applies to social landlords: “This Protocol applies to residential possession claims in England and Wales brought by social landlords (such as local authorities and housing associations).” Wales has no equivalent private-landlord first-contact duty, but Welsh Government guidance says: “You should attempt to resolve any issues with rent arrears with your contract-holder before issuing a notice or claim for possession.” In Northern Ireland, rent arrears normally lead to notice and then court, not self-help.

What can you do if the tenant pays only part of the rent?

If the tenant pays only part of the rent in England, keep allocating payments to the rent account and decide whether the remaining shortfall supports Ground 8, Ground 10 or Ground 11; a part-payment that takes the arrears below the Ground 8 threshold before the hearing defeats mandatory Ground 8. For monthly rent in England, Form 3A states Ground 8 applies “if rent is payable monthly, at least three months’ rent is unpaid,” but it also states: “If the arrears are reduced below these amounts before the hearing, possession cannot be granted under this ground.” A smaller shortfall still matters because Ground 10 can be used where “the tenant owes any amount of rent,” and Ground 11 covers repeated lateness even where nothing is outstanding when the claim starts: “Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.” Wales uses a two-month serious-arrears threshold for monthly occupation contracts, Scotland uses three consecutive months in arrears but discretionary reasonableness, and Northern Ireland has no Ground 8-style statutory arrears figure.

What can you do if the tenant will not respond at all?

If the tenant will not respond at all, a landlord must treat the tenancy as continuing unless it has lawfully ended, because silence does not let the landlord change the locks, remove belongings or take the property back without the proper court route. In England, government guidance is blunt: “They cannot take back possession without a court order.” In England and Wales, unlawful exclusion is a criminal offence unless the landlord reasonably believed the occupier had stopped living there: “If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.” In Northern Ireland the same practical rule applies: “If a landlord ends a tenancy, but the tenant refuses to move out, the landlord can only recover possession through court proceedings.” If contact fails, serve the correct notice, keep inspection and communication records, and budget for court rather than assuming abandonment.

Are there acceptable reasons for late rent, and does the reason make any difference?

In England, there is no statutory list of acceptable reasons for late rent, and for mandatory Ground 8 the reason usually does not matter once the arrears threshold is met, except that unpaid Universal Credit housing costs not yet received are ignored for that Ground 8 calculation. The key Universal Credit carve-out says: “When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.” On discretionary Grounds 10 and 11, the court’s reasonableness assessment can make the cause of late payment matter, because the court “may make an order for possession if it considers it reasonable to do so.” England’s late-payment default fee is not a reason rule: it is only permitted after 14 days. Wales caps default interest at zero for the first seven days, and Scotland requires reasonable efforts to agree a payment plan.

What happens if one of several joint tenants does not pay?

If one joint tenant does not pay, the landlord can usually pursue the others for the whole rent where the contract makes them jointly and severally liable, so the rent default is not limited to the non-paying occupier’s share. In Wales the statutory rule is express: “If there are two or more joint contract-holders under an occupation contract, each joint contract-holder is fully liable to the landlord for the performance of every obligation owed to the landlord under the contract.” In England, Citizens Advice explains the usual joint-tenancy effect in plain terms: “This means that one or all of you can be held responsible for the whole rent.” That can mean the landlord deducts arrears from the deposit, brings a possession claim affecting all joint tenants, or sues one tenant or a guarantor for the unpaid balance; Citizens Advice says: “Your landlord could deduct money from the deposit, take action to evict you all or recover the debt from any one of you or a guarantor.” In Scotland, the practical position is similar: “If one tenant cannot pay the rent, you can ask the other tenants to pay.”

How far behind does a tenant have to be before you can evict?

In England, a private tenant paying monthly rent must owe at least three months’ rent for mandatory Ground 8, but a landlord can still seek discretionary possession for any unpaid rent under Ground 10 before the arrears reach three months. Form 3A states the Ground 8 monthly threshold as “if rent is payable monthly, at least three months’ rent is unpaid,” while Ground 10 is wider: “This ground can be used if the tenant owes any amount of rent.” Universal Credit can change the Ground 8 count, because housing-cost rent unpaid only because the UC award has not yet been received is ignored. Wales is different: serious arrears for a monthly periodic standard contract means “at least two months' rent is unpaid.” Scotland is different again: the rent-arrears ground is triggered where “the tenant has been in rent arrears for three or more consecutive months,” but Scotland’s automatic grant rule was repealed on 1 October 2022, so the First-tier Tribunal must still decide whether eviction is reasonable. Northern Ireland has no fixed months-of-arrears equivalent to Ground 8; the landlord gives notice and then seeks a court order.

How do you evict a tenant for not paying rent?

In England, to evict a private tenant for not paying rent after 1 May 2026, serve a section 8 notice using Form 3A, rely on the correct rent-arrears grounds, and apply to court if the tenant does not leave. Government guidance says: “Since 1 May 2026 you can only give your tenant a notice under section 8 of the Housing Act 1988 to end the tenancy,” and adds: “You will need to use Form 3A, or a form substantially to the like effect, and serve this on your tenants.” Ground 8 is the strongest arrears route where the threshold is met; the guidance says it applies where the tenant owes “at least 3 months’ rent” if they pay monthly, or “at least 13 weeks’ rent” if they pay weekly or fortnightly. Ground 10 can still cover some rent unpaid, and Ground 11 covers persistent late payment. In Wales, serious-arrears claims under a periodic standard contract use the Renting Homes route and cannot usually be issued until 14 days after the possession notice. In Scotland, rent-arrears PRT eviction goes to the First-tier Tribunal after the correct notice to leave; in Northern Ireland, give notice to quit and use the court if the tenant stays.

What if the tenant stops paying after you have already served notice?

In England, if the tenant stops paying after you have already served notice, section 21 is no longer the normal private-rented-sector route after 1 May 2026, so rent arrears are handled through section 8 and the rent-arrears grounds, not by assuming the old notice solves the new default. A valid pre-1-May-2026 section 21 may have had transitional use, but new possession action after the abolition period runs through the post-2026 regime. If you already served a section 8 notice on different grounds, the court cannot make a possession order on an unlisted ground unless it is added: “The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.” Ground 8 still has to be met at hearing, and the UC exclusion still applies: housing-element Universal Credit not yet received is ignored in that Ground 8 tally. In Wales, serious arrears must also exist on the hearing day.

How do you get the unpaid rent itself back?

In England, you can ask the possession court for a money judgment for the unpaid rent, or bring a separate money claim, but county court bailiffs enforcing possession cannot collect the arrears for you. Government guidance says: “A judge can add a money judgment to any of the possession orders,” but it also says: “County court bailiffs cannot help you recover rent arrears or money for damage to your property.” A separate money claim is available in England and Wales because: “You can make a court claim if your tenant owes you money.” The limitation deadline matters: “No action shall be brought, and the power conferred by section 72(1) of the Tribunals, Courts and Enforcement Act 2007 shall not be exercisable, to recover arrears of rent, or damages in respect of arrears of rent, after the expiration of six years from the date on which the arrears became due.” In Scotland, private tenancy rent arrears can be recovered through the Housing and Property Chamber, and mygov.scot says: “There’s no cost to apply to the tribunal.” In Northern Ireland, small claims are commonly used for arrears up to £5,000 after the tenancy ends.

What is different if the property is in Wales?

In Wales, the biggest difference is that the Renting Homes (Wales) Act 2016 replaced tenancies and licences with occupation contracts, so rent arrears are handled through contract-holder rules rather than England’s current private-tenancy section 8 framework. Welsh Government says: “Under the new law ‘occupation contracts’ have replaced existing tenancies and licences.” Serious arrears for a monthly periodic standard contract arise where “at least two months' rent is unpaid,” not England’s three-month Ground 8 threshold, and a serious-arrears possession claim usually cannot be issued “before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the possession notice.” Wales also kept a no-fault route under section 173; Rent Smart Wales explains that the 2016 Act “abolished section 21 evictions in December 2022 and instead replaced them with a no-fault possession process under s. 173 of that Act.” Separately, every private landlord must register with Rent Smart Wales, and a self-managing landlord needs a licence or must appoint a licensed agent.

Last reviewed September 2026.

Sources

• Pre-Action Protocol for Possession Claims by Social Landlords — “This Protocol applies to residential possession claims in England and Wales brought by social landlords (such as local authorities and housing associations).” Source
• Pre-Action Protocol for Possession Claims by Social Landlords — “If the tenant falls into arrears, the landlord should contact the tenant, as soon as reasonably possible, to discuss: the cause of the arrears; the tenant’s financial circumstances; the tenant’s entitlement to benefits; and repayment of the arrears.” Source
• The Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 reg.4 — “The making by the landlord of reasonable efforts to agree with the tenant a reasonable plan to make payments to the landlord of—” Source
• Welsh Government, Understanding the possession process: guidance for private landlords — “You should attempt to resolve any issues with rent arrears with your contract-holder before issuing a notice or claim for possession.” Source
• Form 3A, Ground 8 wording — “(b) if rent is payable monthly, at least three months’ rent is unpaid;” Source
• Form 3A, Ground 8 wording — “If the arrears are reduced below these amounts before the hearing, possession cannot be granted under this ground.” Source
• Form 3A, Ground 10 wording — “This ground can be used if the tenant owes any amount of rent.” Source
• Housing Act 1988 Schedule 2, Ground 11 — “Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.” Source
• Renting Homes (Wales) Act 2016 s.181 — “(b)where the rental period is a month, if at least two months' rent is unpaid;” Source
• Private Housing (Tenancies) (Scotland) Act 2016 Schedule 3 — “It is an eviction ground that the tenant has been in rent arrears for three or more consecutive months.” Source
• Cost of Living (Tenant Protection) (Scotland) Act 2022 s.43 — “(i)in paragraph 12 (rent arrears), sub-paragraph (2) is repealed,” Source
• GOV.UK, Notices of possession served from 1 May 2026: tenant guide — “They cannot take back possession without a court order.” Source
• Protection from Eviction Act 1977 s.1 — “If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.” Source
• nidirect, Protection against eviction — “If a landlord ends a tenancy, but the tenant refuses to move out, the landlord can only recover possession through court proceedings.” Source
• Housing Act 1988 Schedule 2, Ground 8 Universal Credit wording — “When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.” Source
• Housing Act 1988 s.7 — “If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, subject to subsections (5A) and (6) below, the court may make an order for possession if it considers it reasonable to do so.” Source
• Tenant Fees Act 2019 Schedule 1 — “(b)a failure to make a payment of rent in full before the end of the period of 14 days beginning with the date (“the due date”) on which the payment is required to be made in accordance with the tenancy agreement.” Source
• The Renting Homes (Fees etc.) (Prescribed Limits of Default Payments) (Wales) Regulations 2020 reg.2 — “In the case of a failure to make a payment of rent before the end of the period of seven days beginning with the due date, the prescribed limit is zero.” Source
• mygov.scot, Rent arrears — “You must make reasonable efforts to agree a payment plan with your tenant for both the rent arrears and future rent payments.” Source
• Renting Homes (Wales) Act 2016 s.48 — “If there are two or more joint contract-holders under an occupation contract, each joint contract-holder is fully liable to the landlord for the performance of every obligation owed to the landlord under the contract.” Source
• Citizens Advice, Check your rights if you share accommodation — “This means that one or all of you can be held responsible for the whole rent.” Source
• Citizens Advice, Check your rights if you share accommodation — “Your landlord could deduct money from the deposit, take action to evict you all or recover the debt from any one of you or a guarantor.” Source
• mygov.scot, Tenancy agreement — “If one tenant cannot pay the rent, you can ask the other tenants to pay.” Source
• nidirect, Rent arrears — “Landlords usually have the right to seek a court order to evict you for rent arrears.” Source
• GOV.UK, Repossessing your privately rented property after 1 May 2026 — “Since 1 May 2026 you can only give your tenant a notice under section 8 of the Housing Act 1988 to end the tenancy.” Source
• GOV.UK, Repossessing your privately rented property after 1 May 2026 — “You will need to use Form 3A, or a form substantially to the like effect, and serve this on your tenants.” Source
• GOV.UK, Grounds for possession guidance — “You can use this ground to evict your tenant if they owe you at least 3 months’ rent, if they pay rent monthly or at least 13 weeks’ rent, if the rent is paid weekly or fortnightly.” Source
• Renting Homes (Wales) Act 2016 s.182 — “(a)before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the possession notice, or” Source
• Private Housing (Tenancies) (Scotland) Act 2016 s.54 — “(iii)that the tenant has been in rent arrears for three or more consecutive months,” Source
• Housing Act 1988 s.8 — “The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.” Source
• Renting Homes (Wales) Act 2016 s.181 — “(b)is seriously in arrears with his or her rent on the day on which the court hears the possession claim.” Source
• GOV.UK, Repossessing your privately rented property after 1 May 2026 — “A judge can add a money judgment to any of the possession orders.” Source
• GOV.UK, Repossessing your privately rented property after 1 May 2026 — “County court bailiffs cannot help you recover rent arrears or money for damage to your property.” Source
• GOV.UK, Renting out a property: settling disputes — “You can make a court claim if your tenant owes you money.” Source
• Limitation Act 1980 s.19 — “No action shall be brought, and the power conferred by section 72(1) of the Tribunals, Courts and Enforcement Act 2007 shall not be exercisable, to recover arrears of rent, or damages in respect of arrears of rent, after the expiration of six years from the date on which the arrears became due.” Source
• mygov.scot, Rent arrears — “There’s no cost to apply to the tribunal.” Source
• Housing Rights, Rent arrears — “You can use the small claims court if you are pursuing arrears up to £5,000.” Source
• Welsh Government, Renting Homes frequently asked questions for landlords — “Under the new law ‘occupation contracts’ have replaced existing tenancies and licences.” Source
• Rent Smart Wales, Renters’ Rights — “No. The Renting Homes (Wales) Act 2016 abolished section 21 evictions in December 2022 and instead replaced them with a no-fault possession process under s. 173 of that Act.” Source
• Rent Smart Wales, Landlord registration — “Since 23 November 2015, all landlords with privately rented property let out on a domestic tenancy in Wales must register with Rent Smart Wales to comply with the law.” Source
• Rent Smart Wales, Landlord registration — “Landlords who are not involved in issuing contracts and managing their rental properties do not need a licence; however they must appoint a licensed agent.” Source