One of the most common concerns landlords face is a tenant failing to pay rent on time.

A late payment can be frustrating. Multiple missed payments can quickly become financially damaging, particularly where mortgage payments, maintenance costs and other property expenses still need to be met.

The good news is that landlords have several options available when a tenant falls behind with rent. However, taking the right steps at the right time is important. Acting too aggressively can lead to legal difficulties, while waiting too long can allow arrears to grow and become increasingly difficult to recover.

In this guide, we explain what landlords can do when a tenant misses a rent payment, how rent arrears are handled under UK law, and when legal action may become necessary.

What counts as rent arrears?

Rent arrears occur whenever a tenant fails to pay the rent due under their tenancy agreement.

This can include:

• Missing a payment entirely

• Paying only part of the rent due

• Making repeated late payments

• Accumulating unpaid rent over several months

Technically, rent arrears begin the day after rent becomes due and remains unpaid. For example, if rent is due on the 1st of the month and no payment is received, the tenant is in arrears from the 2nd.

Many landlords choose to allow a short grace period before taking action, particularly if a tenant has previously maintained a good payment history. However, it is important not to ignore the issue. The sooner arrears are addressed, the more likely they are to be resolved.

First Step: check the facts

Before contacting the tenant, ensure there has genuinely been a missed payment.

Check:

• Your bank account

• Any standing order arrangements

• Previous payment patterns

• Correspondence from the tenant

Occasionally, delays can occur because of banking issues, changes to payment dates, administrative errors or temporary cash flow problems.

Confirming the facts before taking action helps avoid unnecessary disputes.

Contact the Tenant Promptly

If rent has not arrived, the first step should usually be communication. Many situations can be resolved quickly through a simple conversation. Contact the tenant politely and professionally. Ask whether there has been a problem with payment and whether they expect to resolve it shortly.

Keep a written record of all communications, including:

• Emails

• Text messages

• Letters

• Notes of telephone conversations

Good record keeping can become important if the matter later progresses to legal action.

Understand why the rent has not been paid

Not all rent arrears situations are the same. Some tenants experience temporary financial difficulties due to:

• Job loss

• Reduced working hours

• Illness

• Relationship breakdown

• Delays in receiving benefits

Others may simply be struggling with budgeting or prioritising payments. Understanding the reason for non payment can help determine the most appropriate response.

In some cases, an agreed repayment arrangement may resolve matters. In others, legal action may ultimately be necessary.

Consider a repayment plan

If the tenant’s financial difficulty appears temporary, a repayment plan may be worth considering. A repayment agreement allows the tenant to continue paying their current rent while making additional payments towards the arrears.

For example:

• Monthly rent: £900

• Arrears: £1,800

• Additional repayment: £150 per month

This approach can sometimes prevent the situation escalating and avoid the cost and delay of court proceedings. Any repayment arrangement should always be recorded in writing.

The agreement should clearly state:

• Total arrears owed

• Payment schedule

• Dates payments are due

• Consequences of missed payments

Having a written record helps protect both landlord and tenant.

Can I charge interest on rent arrears?

Whether interest can be charged depends on the tenancy agreement. Some agreements include clauses allowing landlords to charge interest on overdue rent.

If such a clause exists, landlords should ensure it complies with relevant legislation and is applied fairly. If no contractual provision exists, charging interest may not be straightforward.

Legal advice should be sought before adding additional charges to a tenant’s account.

Keep detailed records

One of the biggest mistakes landlords make is failing to maintain accurate records.

Keep copies of:

• Tenancy agreements

• Rent schedules

• Payment records

• Arrears statements

• Correspondence

• Notices served

If court proceedings become necessary, clear documentation can significantly strengthen your position. Good records also help demonstrate that you have acted reasonably throughout the process.

What happens if the arrears continue to grow?

If the tenant fails to engage or repeatedly misses payments, stronger action may be required.

Landlords should continue monitoring:

• Total arrears outstanding

• Payment history

• Communication attempts

• Any broken repayment agreements

At this stage it may be appropriate to consider formal legal action. The route available will depend on the level of arrears and the circumstances of the tenancy.

Can a landlord evict a tenant for rent arrears?

Yes. Rent arrears are one of the most common grounds used to seek possession of a rental property.

In England, landlords may be able to use a Section 8 Notice where the tenant has breached the tenancy agreement by failing to pay rent.

A Section 8 Notice relies on specific legal grounds contained within the Housing Act 1988.

Several grounds relate directly to rent arrears.

Understanding Section 8 Notices for rent arrears

A Section 8 Notice is commonly used when a tenant has fallen into arrears. The notice informs the tenant that possession proceedings may be started if the issue is not resolved.

Different grounds may apply depending on the amount of arrears owed. The most significant is Ground 8. Ground 8 is a mandatory ground for possession.

Generally speaking, at the date the notice is served and at the court hearing, the tenant must owe:

• At least two months’ rent where rent is paid monthly

• At least eight weeks’ rent where rent is paid weekly

If the requirements are met, the court must normally grant possession.

Landlords often rely on additional discretionary grounds alongside Ground 8 to strengthen their case.

These can include:

• Ground 10 – some rent lawfully due remains unpaid

• Ground 11 – persistent delay in paying rent

Because possession claims can become technical, landlords should ensure notices are prepared correctly. Errors can cause delays and additional expense.

How long should I wait before serving notice?

There is no single answer. Some landlords serve notice once arrears reach one month, others attempt to resolve matters informally first.

The appropriate timing will depend on:

• The tenant’s payment history

• Communication from the tenant

• The level of arrears

• The landlord’s financial position

What is important is avoiding excessive delay. Allowing arrears to build unchecked can make recovery more difficult.

Can I recover the rent owed?

Possession of the property and recovery of rent arrears are separate issues.

A landlord may seek:

• Possession of the property

• Recovery of outstanding rent

• Both

Where a court grants a money judgment for arrears, enforcement options may potentially include:

• Attachment of earnings

• Third party debt orders

• Charging orders

• Enforcement agents

However, successful recovery depends on the tenant’s financial circumstances. Obtaining a judgment is not always the same as recovering the money.

What should landlords avoid doing?

When dealing with rent arrears, there are certain actions landlords should never take.

Do not:

• Change locks without following the legal process

• Remove a tenant’s belongings

• Harass or intimidate tenants

• Disconnect utilities

• Enter the property without appropriate notice

These actions could amount to unlawful eviction or harassment. The penalties can be severe and may expose landlords to significant legal claims. Regardless of the level of arrears, landlords should always follow the correct legal process.

What if the tenant receives universal credit?

Where tenants receive Universal Credit, landlords may have additional options available. In some circumstances, landlords can apply for direct payment arrangements where significant arrears exist. This may help stabilise future payments.

Eligibility depends on the specific circumstances and relevant Department for Work and Pensions criteria.

Should I use a solicitor?

While some landlords manage rent arrears themselves, legal advice can often help avoid costly mistakes.

A solicitor can assist with:

• Reviewing tenancy documentation

• Advising on legal options

• Preparing notices

• Possession proceedings

• Debt recovery

• Negotiations with tenants

Obtaining advice early can often save considerable time and expense later.

Frequently asked questions

How many missed rent payments before a landlord can take action?

A landlord can take action as soon as rent becomes overdue. Formal legal options such as serving a Section 8 Notice may become appropriate depending on the level of arrears and circumstances.

Can a tenant be evicted after one missed rent payment?

Potentially, yes. However, landlords will usually assess the overall situation before deciding whether formal action is necessary.

What happens if a tenant pays some of the arrears?

Part payments may affect the legal grounds available for possession. This is one reason landlords should seek advice before commencing proceedings.

Can landlords recover legal costs?

This will depend on the tenancy agreement, the type of proceedings and the court’s decision.

Is mediation an option?

In some cases, yes. Where both parties remain willing to engage, mediation can help resolve disputes without court proceedings.

Practical steps for landlords facing rent arrears

If your tenant has missed a rent payment, a sensible approach is often:

1.         Confirm the payment is genuinely overdue.

2.         Contact the tenant promptly.

3.         Understand the reason for the arrears.

4.         Keep detailed written records.

5.         Consider a repayment arrangement where appropriate.

6.         Monitor compliance carefully.

7.         Take legal advice before arrears become unmanageable.

8.         Consider a Section 8 Notice where necessary.

Acting early is usually the best way to minimise financial loss and protect your position as a landlord.

What if the tenant still does not leave?

Serving a Section 8 Notice is often only part of the process. Some tenants leave voluntarily once notice has been served. Others remain in the property after the notice period expires.

Importantly, landlords cannot simply remove a tenant themselves. If the tenant does not leave, a court order may be required before possession can legally be recovered.

We have produced a separate guide explaining the next stage of the process, including what happens after the notice period expires and the options available to landlords.

Read our article: What Happens If a Tenant Refuses to Leave After the Notice Period?

Final thoughts

Rent arrears can be stressful for landlords, particularly where mortgage commitments and property expenses continue regardless of whether rent is being received.

The key is to act early, communicate clearly, keep accurate records and follow the correct legal process. Many arrears situations can be resolved through discussion and repayment arrangements. However, where arrears continue to increase or the tenant fails to engage, landlords should not delay seeking legal advice.

Understanding your rights and obligations can help you protect your investment while ensuring that any action taken remains compliant with landlord and tenant law.

Written by Solicitors4Landlords, specialists in landlord and tenant law, providing practical, commercially focused legal advice.

If you need advice on tenancy agreements or managing pet requests, contact our team today on 01455 553 945 or email info@solicitors4landlords.com.