Direct Answer
When a tenant stops paying rent, act immediately: document the arrears, contact them in writing, and issue a formal Letter Before Action within 14 days. If arrears reach 2 months, serve a Section 8 notice on Ground 8 — a mandatory possession ground. You can also serve a Section 21 simultaneously to keep a no-fault route open. Former tenants can be pursued through the county court for up to 6 years.
The First 48 Hours Matter More Than You Think
A missed rent payment can feel like a one-off. Sometimes it is. But the landlords who recover their money fastest are the ones who treat the first missed payment as a legal event — not a personal awkwardness to be managed quietly.
The moment rent is overdue, the clock starts on your legal options. The sooner you document, communicate formally, and escalate through the correct channels, the stronger your position becomes — whether you want to recover the arrears, regain possession, or both.
This guide covers every stage: from the first missed payment through to Section 8, Section 21, court claims, and enforcement. For a full overview of the national picture — including city-specific guidance — see our tenant not paying rent UK hub page.
Tenant Not Paying Rent — Full UK Guide
Our pillar page covers the complete national picture: Section 8 vs Section 21, the dual-notice strategy, city-specific guidance for 40+ UK cities, and the full recovery process from LBA to court.
Read the full tenant not paying rent guideStep-by-Step: What to Do When Rent Stops
Follow these steps in order. Each one builds the legal foundation for the next.
Contact the Tenant in Writing — Immediately
Day 1–3Send a written message (email or letter) the day after the missed payment. Keep it factual: state the amount due, the date it was due, and ask for an explanation. This creates a paper trail and shows the court you acted promptly.
Document Every Missed Payment
Day 1 onwardsCreate a rent schedule immediately — a table showing every payment due, every payment received, and every outstanding amount. This document will be central to any court claim or notice you serve.
Check Your Tenancy Agreement
Day 1–7Confirm the rent amount, payment dates, and any clauses covering late payment or arrears. Also check whether the tenancy is periodic or fixed-term — this affects which notices you can serve and when.
Send a Formal Letter Before Action
Day 14If there is no payment or credible repayment plan within 14 days, issue a formal LBA. This is a legal demand for the full outstanding amount, giving 14 days to pay before court proceedings begin. It is a pre-action requirement.
Serve a Section 8 Notice (Tenant Still in Property)
2+ months arrearsOnce arrears reach 2 months, serve a Section 8 notice on Ground 8. This is a mandatory ground — if arrears remain at the hearing, the court must grant possession. Grounds 10 and 11 can be used for lower arrears or persistent late payment.
Consider Serving a Section 21 Simultaneously
Dual-notice strategyIf all pre-conditions are met (deposit protected, EPC/gas safety provided, no repair complaints), serving a Section 21 alongside the Section 8 keeps a no-fault possession route open. The Section 8 (14-day notice) expires first, so you can pursue court on arrears grounds while the Section 21 is still running.
Issue a Court Claim for Possession and/or Arrears
After notice expiresIf the tenant does not vacate after the notice expires, apply to the county court for a possession order. You can claim the arrears at the same hearing. For former tenants, issue a money claim through MCOL for the outstanding rent.
Enforce Your Judgment
Post-judgmentOnce you have a possession order and/or money judgment, actively enforce it. For rent arrears, use attachment of earnings, warrant of control, or a charging order. Do not wait passively — enforcement is a separate step.
Not sure how to write the Letter Before Action?
Our complete LBA guide covers exactly what to include, how to format it, and the legal requirements that make it court-admissible — including specific wording for rent arrears claims.
Read: Letter Before Action UK — Complete GuideSection 8 Notice: Which Ground Should You Use?
Section 8 is the fault-based possession route. There are three rent-related grounds — and you can cite all three on the same notice.
| Ground | Type | Threshold | Notes |
|---|---|---|---|
| Ground 8 | Mandatory | 2+ months arrears at notice AND at hearing | Court must grant possession if arrears remain at the hearing date. Strongest ground. |
| Ground 10 | Discretionary | Any level of arrears at time of notice | Court has discretion. Useful when arrears are below 2 months or tenant may reduce them before the hearing. |
| Ground 11 | Discretionary | Persistent late payment (even if currently up to date) | Covers tenants who repeatedly pay late. No minimum arrears required — pattern of behaviour is sufficient. |
Ground 8 trap: If the tenant pays down arrears below 2 months before the court hearing, the mandatory ground fails. Always cite Grounds 10 and 11 on the same notice as a fallback.
The Dual-Notice Strategy: Serve Section 8 and Section 21 Together
One of the most effective — and underused — strategies for landlords dealing with rent arrears is serving both notices simultaneously. Here is why it works:
Section 8 — Fault-Based
- 14-day notice period
- Ground 8 is mandatory — court must grant possession if arrears remain
- Fails if tenant clears arrears below 2 months before hearing
- Arrears pursued at the same hearing
Section 21 — No-Fault
- 2-month notice period
- Court must grant possession if valid — no discretion
- Arrears pursued separately as a money claim
- Cannot be served if tenant raised a repair complaint
Timing advantage
Because the Section 8 notice (14 days) expires well before the Section 21 (2 months), you can apply to court on arrears grounds first — while the Section 21 is still running as a backup. If the Section 8 claim fails for any reason, the Section 21 route is still live.
For a full breakdown of when to serve both notices and the pre-conditions for Section 21, see the tenant not paying rent UK guide.
Tenant Has Already Left — Can You Still Recover the Arrears?
Yes — and this is one of the most common misconceptions among landlords. The fact that a tenant has vacated does not extinguish the debt. You have 6 years from when each rent payment became overdue to issue a county court money claim.
For arrears under £10,000, the claim is allocated to the small claims track — no solicitor required. You file online through MCOL (Money Claim Online), pay the court fee, and if the tenant does not defend, you can apply for a default judgment within 14 days.
What you need to claim
- Tenancy agreement (signed copy)
- Rent schedule showing payments due and received
- Bank statements confirming missed payments
- Written communication with the tenant about the arrears
- Copy of any Letter Before Action sent
Enforcement: Turning Your Judgment Into Cash
Winning a court judgment does not guarantee payment. Enforcement is a separate step — and most landlords skip it.
Attachment of Earnings
If the former tenant is employed, their employer is ordered to deduct regular payments from wages until the debt is cleared.
Warrant of Control
An enforcement agent attends the debtor's address and can seize assets to cover the debt and costs.
Third Party Debt Order
Freezes the debtor's bank account and transfers the owed funds directly to you.
Charging Order
Secures the debt against any property the former tenant owns — paid out when they sell or remortgage.
Need help enforcing a CCJ?
Our enforcement guide covers every method in detail — including which to use based on what you know about the debtor.
Read: How to Enforce a CCJ in the UKCommon Mistakes Landlords Make
- Waiting weeks before contacting the tenant — every day of delay weakens your position
- Accepting partial payments without a written repayment plan — this can reset the arrears clock
- Not citing Grounds 10 and 11 alongside Ground 8 on the Section 8 notice
- Serving a Section 21 when a repair complaint has been raised — this invalidates the notice
- Assuming a CCJ will result in automatic payment — enforcement is always a separate step
- Not tracing a former tenant before giving up — many are traceable through DVLA, electoral roll, or credit reference agencies
A Note on Tenant Rights
Landlords must follow the correct legal process at every stage. Harassment, illegal eviction, or cutting off utilities are criminal offences regardless of rent arrears. Tenants facing arrears may be entitled to Universal Credit housing costs or discretionary housing payments from their local council.
Shelter England — Tenant rights on rent arrears & evictionReady to take action?
Our unpaid rent UK recovery pack generates a personalised, court-ready Letter Before Action for rent arrears — including a case strength assessment, evidence checklist, Section 8 notice draft, and court particulars. Works for current tenants, former tenants, HMOs, and letting agents.
Frequently Asked Questions
What should I do first when my tenant stops paying rent?
How many months of rent arrears do I need before I can serve a Section 8 notice?
Can I serve a Section 8 and Section 21 notice at the same time?
Can I recover unpaid rent after the tenant has left?
What is the fastest way to get a tenant out for not paying rent?
Can I use the deposit to cover unpaid rent?
Official Resources
Related Articles
Letter Before Action UK: A Complete Guide
Everything you need to know about sending a Letter Before Action — what to include, how to format it, and why getting it right matters before you go to court.
How to Recover Unpaid Rent in the UK
Complete landlord's guide to recovering unpaid rent — from formal demand letters and county court claims to CCJ enforcement and bailiff action.
How to Enforce a CCJ in the UK
Winning a court judgment is only half the battle. This guide covers every enforcement method — attachment of earnings, warrant of control, charging orders and more.
Tenant Not Paying Rent UK — National Hub
The complete national guide: Section 8 vs Section 21, the dual-notice strategy, and city-specific guidance for 40+ UK cities.
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