Landlords in the UK can serve an eviction notice if a tenant is at least two months (or eight weeks) in rent arrears.
Rent arrears are one of the toughest challenges that landlords and property managers come up against. A tenant falling behind on rent can quickly become a financial strain, causing legal issues and a long eviction process.
Understanding the laws around rent arrears in the UK is important for knowing when you can legally evict tenants and how to recover unpaid rent.
What Are Rent Arrears?
Rent arrears is a legal term used to describe overdue rent. Whether a tenant misses one payment or has months of unpaid rent, it can cause a lot of financial strain for landlords.
There are a number of reasons why tenants may fall into rent arrears. Including:
Financial difficulties – job loss, reduced income or unexpected expenses.
Disputes over property conditions – tenants can withhold rent due to maintenance issues.
Mismanagement of finances – tenants running out of money before they pay their rent.
Delays in benefits – tenants relying on housing benefits that have not yet been paid.
While missing one rent payment does not give a landlord grounds for eviction in the UK, over time they can mean taking legal action.
What Are The Current Laws Around Rent Arrears in the UK?
In the UK, landlords have to follow a strict legal process when evicting tenants due to rent arrears. The Housing Act 1988 sets out the main rules for landlords renting to private tenants.
There are two main legal routes for eviction due to rent arrears:
1. Section 8 Notice (Eviction for rent arrears)
- Landlords can serve a Section 8 notice if a tenant is at least two months (or eight weeks) in arrears.
- The notice gives the tenant two weeks to pay or leave.
- If the tenant does not leave, the landlord must apply for a possession order in court.
- If the arrears stay overdue at two months or more by the court hearing, eviction is usually granted.
2. Section 21 Notice (No-fault eviction – no longer an option soon)
- Currently, landlords can serve a Section 21 notice to regain possession of the property, even if the tenant is not in arrears.
- However, they must provide two months’ notice before starting the eviction process.
Important: Section 21 is being abolished under the Renters’ Rights Bill this spring, meaning landlords will no longer be able to evict tenants without a reason.
What Is the Longest Tenants Can Be Late on Rent Before Being Evicted?
Legally, a tenant can be up to two months behind on rent before a landlord can start the eviction process under Section 8.
However, the actual eviction process can take many months, meaning a tenant could still live in the property for six months or more without paying rent before a final eviction.
Because of this, it’s incredibly important to screen tenants before allowing them to rent your property.
At J Property Management, we help with all areas of tenant sourcing and screening, so you never have to worry about rent arrears. To find out more about our tenant sourcing services, speak to the team at info@jpropertymanagement.com.
Typical Eviction Timeline For Rent Arrears
Generally, evictions due to rent arrears follow the timeline below:
- Rent payment missed: Tenant is in arrears. Landlord should contact them immediately.
- Two weeks in arrears: Landlord sends a reminder letter or notice.
- One month in arrears: Landlord can start preparing a Section 8 notice.
- Two months in arrears: Landlord can serve a Section 8 notice (14-day notice period). If arrears are not cleared, the landlord applies for a possession order in court.
- Court hearing (2-6 months later): If arrears are still two months or more, a possession order is given. The court may give the tenant extra time to pay.
- Possession order issued: If the tenant does not leave, the landlord must request a warrant of eviction.
- Bailiffs evict the tenant (2-8 Weeks after warrant): Bailiffs remove the tenant if they still refuse to leave.
What If the Tenant Pays Some Rent Before Court?
If the tenant pays some of the arrears so the debt is less than two months’ worth before the court hearing, the judge might decide that eviction is not reasonable. In this case, the landlord may have to try and get the unpaid rent through a debt recovery process instead.
How Is the Law Around Rent Arrears Changing?
The UK government is making changes to eviction laws. The Renters’ Rights Bill, which is due to come into play later this year, is expected to change the process in a few ways including:
- Abolition of Section 21: Landlords will no longer be able to evict tenants without a specific reason.
- Rent increases: Rent increases will be limited to once per year, with landlords required to give tenants two months’ notice.
- Tighter rules: Landlords will need to prove a valid reason, like serious rent arrears, before evicting a tenant.
These changes are expected to make it harder for landlords to evict non-paying tenants, meaning it’s more important than ever to work with professionals to prevent this happening.
How To Get Tenants To Pay Rent Arrears Without Taking Them to Court
Legal action can be expensive and time-consuming. Before resorting to eviction, landlords can try the following to recover rent arrears:
1. Open communication
Contact the tenant as soon as a payment is missed. Ask if there is a temporary financial issue that can be resolved with a payment plan.
2. Agree to a payment plan
Give the tenant a structured repayment plan to clear arrears over time. Make sure the agreement is in writing and signed by both parties.
3. Use a guarantor (if possible)
If the tenant has a guarantor, contact them to request payment.
4. Mediation services
If communication breaks down, use a mediation service to reach an agreement without court involvement.
5. Consider debt recovery options
If the tenant leaves with unpaid arrears, landlords can hire a debt collection agency to recover the outstanding amount.
Rent Arrears: Everything You Need To Know
The general rule is that a tenant must be at least two months behind on rent before a landlord can serve a Section 8 notice. However, the full eviction process can take several months.
With new policies coming in that will make evictions more difficult, landlords should focus on clear communication and different ways to recover arrears before considering legal action.
If you are facing difficulties with rent arrears, it is always best to get legal advice or speak to a professional to make sure you follow the correct procedures and protect your rights as a landlord.
For professional property management advice and tenant sourcing services to prevent having to deal with rent arrears, speak to the J Property Management team today at info@jpropertymanagement.com.
