Under the Renters’ Rights Act 2025, landlords can still recover possession for rent arrears – but the process is longer, more evidence-dependent and less forgiving of procedural errors than it was before.
Section 21 has been abolished and every rent arrears possession claim now runs through Section 8 and, in contested cases, through the courts.
What are a landlord’s legal options when a tenant stops paying rent?
There are three broad routes available to landlords when a tenant stops paying rent:
- Direct resolution – communication, repayment plans and, where appropriate, mediation – this is usually faster and cheaper than court proceedings and should always be attempted first.
- Formal possession proceedings under Section 8, using one or more of the rent arrears grounds.
- Voluntary surrender – a mutual agreement to end the tenancy without a court order.
These routes are not mutually exclusive. Many landlords pursue communication and possession proceedings simultaneously.
Which grounds apply to rent arrears possession claims?
There are three grounds under Schedule 2 to the Housing Act 1988 as amended by the Renters’ Rights Act 2025, that apply specifically to rent arrears.
| Ground | Type | Arrears Threshold | Notice Period | Key Point |
| Ground 8 | Mandatory | 3 months (monthly) / 13 weeks (weekly/ fortnightly) | 4 weeks | Court must grant possession if threshold met at notice and hearing |
| Ground 10 | Discretionary | Any unpaid rent | 4 weeks | Court decides whether possession is reasonable |
| Ground 11 | Discretionary | No minimum — persistent lateness sufficient | 4 weeks | Can be used even where no arrears exist at hearing |
What is Ground 8?
Ground 8 is the mandatory rent arrears ground.
The statutory wording requires that both at the date of service of the Section 8 notice and at the date of the hearing, at least three months’ rent is unpaid for monthly tenancies, or at least 13 weeks’ rent is unpaid for weekly or fortnightly tenancies.
It is mandatory – if the arrears threshold exists at both points, the court must grant possession.
What is Ground 10?
Ground 10 is a discretionary ground covering any unpaid rent lawfully due from the tenant – both at the date proceedings begin and at the date of service of the Section 8 notice.
Unlike Ground 8, there is no minimum arrears threshold. Even a relatively small amount of unpaid rent can satisfy the ground. The court must still decide whether granting possession is reasonable.
What is Ground 11?
Ground 11 covers persistent delay in paying rent – whether or not any arrears exist at the date proceedings begin.
This ground is especially useful where a tenant repeatedly pays late, clears arrears shortly before a hearing or demonstrates an ongoing pattern of non-payment. Possession can be sought even where the rent account shows a zero balance at the hearing date.
Why are Grounds 8, 10 and 11 served together?
Serving all three grounds on the same Section 8 notice is standard practice in rent arrears cases – and for good reason.
Ground 8 is mandatory but vulnerable. If a tenant reduces their arrears below the threshold before the hearing date, Ground 8 falls away.
Grounds 10 and 11 remain in play even where arrears have been partially cleared and they allow the court to consider the broader payment history. Serving all three grounds maximises the landlord’s options if circumstances change before the hearing.
How much rent arrears before a landlord can serve a Section 8 notice?
The threshold depends on how frequently rent is paid.
For monthly tenancies, the mandatory Ground 8 threshold is three months’ unpaid rent. For weekly or fortnightly tenancies, it’s 13 weeks.
These thresholds must be met both at the date the Section 8 notice is served and at the date of the possession hearing.
These figures represent a significant increase from the pre-Renters’ Rights Act position, where the mandatory threshold was two months for monthly tenancies and eight weeks for weekly tenancies.
Under Grounds 10 and 11, a landlord can act before the Ground 8 threshold is reached – any unpaid rent satisfies Ground 10, while persistent lateness satisfies Ground 11, even without current arrears. Both remain discretionary.
What notice period applies to rent arrears evictions?
Under the Renters’ Rights Act 2025, landlords must give four weeks’ notice when serving a Section 8 notice on rent arrears grounds.
This applies to Grounds 8, 10 and 11. The notice must be served using Form 3A – the prescribed Section 8 notice that replaced the previous Form 3 from 1 May 2026.
An error in the form, the notice period, or the service method can invalidate the claim and require the landlord to start again.
Strikes Property Services Group can help you with notice preparation and service, including Section 8, so you won’t have any issues further down the line.
What compliance requirements must be met before serving a Section 8 notice?
Does a landlord still need to provide the How to Rent guide?
The short answer is that the How to Rent guide requirement has changed significantly under the Renters’ Rights Act 2025.
Under the old Section 21 regime, failure to serve the How to Rent guide could invalidate a possession notice outright. That automatic technical bar no longer applies to Section 8 claims.
Section 21 has been abolished, and the How to Rent guide requirement has effectively been replaced by the new statutory obligation to provide tenants with the Renters’ Rights Act Information Sheet 2026 and prescribed written tenancy information.
The position on other documents has also changed.
Under the post-Renters’ Rights Act Section 8 regime, failure to provide a gas safety certificate, EPC or EICR does not automatically invalidate a Section 8 possession notice. This position should not be confused with the former Section 21 regime, where the Court of Appeal has confirmed that failure to provide the required pre-occupation gas safety certificate could permanently invalidate a Section 21 notice.
That does not mean compliance no longer matters.
Non-compliance with safety and documentation obligations can still damage credibility before the court, affect judicial discretion in discretionary ground cases, attract local authority enforcement action and support tenant counterclaims.
The one compliance requirement that remains a hard bar is deposit protection.
Courts cannot award possession under most grounds where the tenancy deposit has not been properly protected under an approved scheme and the prescribed information has not been correctly served.
Before serving any Section 8 notice, landlords should confirm:
- Deposit protected within the statutory timeframe
- Prescribed information served correctly
- Correct ground or grounds cited on the notice
- Correct notice period used
- Form 3A completed accurately
- Notice served by a method that can be evidenced
What happens if arrears are caused by a Universal Credit delay?
Ground 8 cannot be used where the arrears are caused solely by a delay in the tenant receiving a Universal Credit (UC) payment they are entitled to.
The statutory wording is precise: “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.”
In practical terms, even where arrears appear to exceed the three-month or 13-week threshold, the court must disregard any portion attributable solely to delayed UC payments the tenant was entitled to receive.
The landlord may still pursue Grounds 10 and 11 in these circumstances.
Official guidance summarises the position directly: “If your tenant owes 3 months or 13 weeks rent because they have not received their Universal Credit, you will not be able to evict them.”
This is one of the most important practical checks before issuing a Ground 8 claim. Landlords should ask whether missed payments relate to UC delays before proceeding.
What is a Managed Payment to Landlord and how does a landlord apply?
A Managed Payment to Landlord (MPTL) is an arrangement under which the housing cost element of a tenant’s UC award is paid directly to the landlord rather than to the tenant.
It is one of the most practical tools available in UC arrears cases – particularly given longer possession timelines under the Renters’ Rights Act 2025.
Landlords can usually apply once arrears reach around two months. Shelter’s guidance states: “Your landlord can ask to be paid direct if you owe at least 2 months’ rent.”
Applications are made through the DWP’s online direct payment service, which replaced the previous UC47 paper form.
Landlords will typically need to provide tenant details, tenancy information, the rent amount, the arrears balance, a payment history and supporting evidence such as a rent ledger and correspondence records.
MPTL covers ongoing housing payments – it does not automatically clear historic arrears. Separate arrears deductions from the claimant’s UC award may also be arranged. In addition, it’s worth noting that the UC housing payment may not cover the full contractual rent.
Given that defended possession claims can now take many months, MPTL can stabilise ongoing rent payments, reduce losses and demonstrate reasonable conduct before court.
How long does a rent arrears eviction take under the Renters’ Rights Act 2025?
Landlords should not expect a rapid process. In realistic defended cases, vacant possession is unlikely before 8 to 12 months from the date of the first missed payment.
The table below sets out the typical stages and timeframes:
| Stage | Approximate Timeframe |
| First missed payment | Month 0 |
| Arrears reach Ground 8 threshold (3 months) | Month 3 |
| Section 8 notice served and 4-week notice period expires | Month 4 |
| Court claim issued and hearing date awaited | Months 4–5 |
| Possession hearing | Months 5–8 |
| Possession order granted | Months 6–9 |
| Bailiff enforcement (if required) | Months 7–10+ |
| Vacant possession realistically achieved | Around 8–12 months |
Several post-RRA reforms directly extend this timeline.
The Ground 8 threshold increased from two to three months – adding at least one month before proceedings can begin.
Section 21 has also been abolished, meaning all contested claims now depend on judicial capacity. As such, the accelerated possession procedure no longer exists and every disputed possession claim requires a court hearing.
In practice, landlords relying on Ground 8 alone face a particular risk: if the tenant reduces arrears below the three-month threshold before the hearing date, Ground 8 falls away entirely and the landlord must start the process again.
This is why combining Grounds 10 and 11 on the same notice is now standard practice.
What evidence does a landlord need for a rent arrears possession claim?
Courts expect landlords to arrive with a clear, documented picture of the arrears’ history. Evidence that should be prepared before issuing a claim includes:
- A full rent ledger showing every payment due, every payment received and every shortfall
- The signed tenancy agreement
- Copies of all correspondence with the tenant regarding the arrears
- Proof of deposit protection and prescribed information service
- A copy of the Section 8 notice and proof of service
- Any repayment plan agreements reached with the tenant
- Evidence of UC status if relevant, including any MPTL application
The stronger the paper trail, the less room there is for the tenant to dispute the arrears figure or the landlord’s conduct. Courts are increasingly focused on whether landlords behaved reasonably before issuing proceedings.
What happens at the possession hearing?
At a Ground 8 hearing, the court’s role is to verify that the arrears threshold was met at the date of service and remains met at the date of the hearing.
If both conditions are satisfied, possession is mandatory. The court has no discretion to refuse the order on grounds of hardship or circumstances.
At a Ground 10 or Ground 11 hearing, the court applies a reasonableness test. It will consider the full arrears history, the tenant’s circumstances, any repayment offers made and whether the landlord acted proportionately.
The court may grant an outright possession order, a suspended possession order or decline to grant possession at all.
Can a tenant defeat Ground 8 by paying down arrears before the hearing?
Not entirely – but partly.
If a tenant reduces their arrears below the three-month threshold before the hearing date, Ground 8 falls away. The court cannot make a mandatory possession order on that ground alone.
However, if Grounds 10 and 11 were also cited on the notice, the hearing continues on those grounds. The court then considers whether possession is reasonable in light of the arrears’ history and payment pattern.
This is why serving all three grounds together is standard practice.
What if the tenant doesn’t leave after the possession order?
A possession order grants the landlord the legal right to recover the property – it doesn’t physically remove the tenant.
If the tenant remains in the property after the date specified in the order, the landlord must apply for a warrant of possession. This authorises county court bailiffs to attend the property and enforce the order.
Bailiff availability varies significantly by region and court. Delays of several weeks to several months are common.
The landlord cannot change the locks, remove the tenant’s belongings or obstruct access to the property until the bailiff has executed the warrant. Doing so risks a claim for unlawful eviction.
Are there alternatives to possession proceedings?
Possession proceedings are one option but they are not always the fastest or most cost-effective.
Repayment plans and communication
Direct communication should be the first step when rent is missed – a phone call followed by a written record of the conversation establishes both a paper trail and a good-faith approach.
Where a tenant is willing to engage, a repayment plan – documenting the arrears balance, the agreed repayment amount and the schedule – can resolve the situation without court involvement. Any agreement should be confirmed in writing.
If the tenant receives UC and arrears relate to UC delays, the MPTL route should be explored before considering formal proceedings.
Mediation
Where direct communication has stalled, mediation offers a structured alternative.
An independent mediator helps both parties negotiate a resolution – typically a repayment plan, a temporary rent arrangement or an agreed surrender date – without a judge deciding the outcome.
The Tenancy Mediation Service by Property Redress reports that agreements are typically reached within 10 to 15 working days. By comparison, possession proceedings under the post-RRA framework commonly take many months.
The Tenancy Mediation Service by the NRLA is free to NRLA members. The Tenancy Redress Service operated by the TDS Group also offers free mid-tenancy mediation.
Even where mediation does not produce an agreement, a record of the attempt can support the landlord’s position in subsequent court proceedings by demonstrating reasonable conduct.
What is a surrender of tenancy and when should a landlord consider it?
Voluntary surrender is a mutual agreement between landlord and tenant to end the tenancy without a court order.
Since Section 21 was abolished on 1 May 2026, surrender has become an increasingly important practical alternative – a negotiated exit is often faster and cheaper than a defended possession claim.
Shelter’s guidance defines surrender as “a voluntary agreement between the landlord and tenant that the tenancy has come to an end.”
It can be ‘express’ – documented in a signed deed of surrender – or ‘implied’ through conduct, such as the tenant returning keys and vacating.
Express surrender is always preferable, while implied surrender creates evidential risks and can leave the landlord exposed to allegations of unlawful eviction if the tenant later disputes the arrangement.
A properly drafted deed of surrender should record:
- The tenant’s names
- The landlord’s details
- The property address
- The agreed surrender date
- Confirmation of vacant possession
- Key return
- Agreement on the arrears
- Deposit position
In addition, both signatures should be witnessed.
Landlords should never change the locks or remove belongings on the assumption that a surrender has occurred without clear written confirmation. Doing so risks a claim for unlawful eviction, regardless of the circumstances.
For joint tenancies, surrender should normally be agreed by all joint tenants and the landlord together.
What happens with rent arrears in a joint tenancy?
Joint tenants are jointly and severally liable for the full rent – not just their individual share of it.
That means where one co-tenant stops paying, the landlord can pursue any one tenant, all tenants, or the tenancy as a whole for the full arrears balance. Citizens Advice states: “It’s not possible to argue that each tenant is liable for their particular share.”
One tenant paying their own portion does not protect them from possession proceedings. A possession order against a joint tenancy normally ends the tenancy for all joint tenants – including those who paid.
Under Ground 8, if the total arrears across the joint tenancy meet the threshold, the landlord can seek mandatory possession against all tenants even where only one failed to contribute.
Under Grounds 10 and 11, the court may take into account the conduct of individual co-tenants – but it does not automatically exempt paying tenants from the consequences.
A departing joint tenant does not automatically remove themselves from liability. Under the new periodic tenancy system, continued liability for rent and arrears remains until the landlord agrees otherwise, a new tenancy is granted or the tenancy is formally surrendered.
Joint tenancy arrears situations can become legally complex, particularly where relationships between co-tenants have broken down. Legal advice is strongly recommended before proceeding.
Can a landlord deduct rent arrears from the deposit?
Yes, but only at the end of the tenancy and only through the correct process.
Where a tenancy has ended and rent remains outstanding, a landlord can make a claim against the deposit held in the approved tenancy deposit scheme. The claim must be raised within the scheme’s specified timeframe and supported by evidence – a rent ledger, correspondence records and a clear breakdown of the arrears.
The tenant has the right to dispute the deduction. Where there is a dispute, the scheme’s adjudication service decides. Adjudication outcomes are not guaranteed in the landlord’s favour.
Deducting from the deposit is not a substitute for the Section 8 process during a live tenancy. The two procedures are entirely separate. A landlord cannot use the deposit to offset arrears while the tenancy is continuing and a Ground 8 claim is live.
Can a landlord charge interest on overdue rent?
Under the Tenant Fees Act 2019, landlords cannot charge arbitrary fees or penalties for late rent payments.
Where the tenancy agreement contains a clause permitting interest on arrears, interest can be charged at up to 3% above the Bank of England base rate on the outstanding amount.
This must be written into the tenancy agreement before the tenancy begins – it cannot be added retrospectively. Interest only begins to accrue after the rent has been unpaid for fourteen days, unless otherwise stated in the tenancy agreement.
In practice, charging interest is rarely a meaningful substitute for addressing arrears directly. Its primary value is as a record-keeping and contractual enforcement tool.
Can’t I just handle this myself?
The form itself is not complicated – the risk is in the detail.
An incorrect notice period, a wrong ground citation, a missing compliance step or a service error can invalidate the claim entirely – requiring the landlord to serve a fresh notice and wait another four weeks before proceedings can begin again. In a process that already takes many months, that comes at a significant cost.
Most landlords find that professional support pays for itself.
How Strikes Property Services can help
Tenants are aware of the possession process – and of the timelines involved. Delays caused by incorrect paperwork or missed compliance checks give tenants more time in the property and leave landlords exposed.
I founded Strikes Property Services in 2012 after a career as a certificated enforcement agent. I understand possession claims inside out. My team handles both Section 8 notice serving and possession orders under the Renters’ Rights Act 2025 rules.
Key deliverables when working with Strikes:
- Section 8 notice preparation and serving – correctly cited, correctly timed
- Possession claim filing and court pack preparation
- Solicitor advocate briefing and management for possession hearings
- Warrant of possession applications – County Court and High Court routes
- End-to-end support from notice to vacant possession
If you need help with the Section 8 possession process, contact Strikes Property Services today.
