Tenant Has Stopped Paying Rent: What to Do Now

The single most important thing now: take control in the first 48 hours. Silence and delay kill your options. The biggest mistake landlords make is ignoring the problem for a month, then discovering they have lost both time and evidence.

Below is a triage plan you can follow today.

"This guide provides general information about UK landlord tax obligations. It is not financial or legal advice. Tax treatment depends on your individual circumstances and may change. Consider consulting a qualified accountant or solicitor for advice specific to your situation."

Step 1 - Contact the tenant within 48 hours

Goal: confirm if this is a blip or the start of a full arrears case.

Within 48 hours of the missed rent:

• Phone once, then follow up with text and email / WhatsApp.
• Keep it neutral and factual:
• "Rent of GBP X due on [date] has not been received. Can you confirm when payment will be made?"
• Record what they say and save screenshots.

Timeline: same day if possible, always within 48 hours. If you cannot reach them at all in that time, assume this may develop into a full arrears case.

Step 2 - Send a formal arrears letter (Day 3-7)

Goal: create a paper trail and clarify expectations.

By day 3-7 of arrears:

• Send a formal arrears letter by email and post.
• It should include:
• Amount owed and dates.
• How to pay.
• A clear ask for a written payment proposal within 7 days.
• Warning that continued non-payment will lead to a Section 8 notice and possession claim.
• Use your rent arrears letter templates and log exactly when you sent it.

If they propose a plan that clears arrears within a few months and they start paying, you may keep it out of court. If they ignore it, you have the evidence you will need later.

Step 3 - Check your Rent Guarantee Insurance (Day 1-7)

Goal: know if you are insured and what their playbook requires.

Immediately (day 1-7):

• Find your Rent Guarantee Insurance (RGI) and legal expenses policy documents.
• Check:
• Is this tenancy covered?
• What are the conditions: referencing, AST wording, deposit protection, notice timing?
• When must you notify the insurer of arrears (often once 1 full month is unpaid)?

If you have RGI:

• Do not freestyle. Follow their process on:
• When to serve notice.
• Which grounds to use.
• Whether you must use their panel solicitors.

If you do not have RGI:

• Decide now if you will self-manage or instruct a specialist arrears/eviction firm from the first missed payment. Waiting until month 3 is what kills timelines.

Step 4 - Universal Credit direct payment (Days 7-21, if they are on UC)

Goal: stabilise the cashflow if the tenant is on benefits.

If the tenant is on Universal Credit and struggling:

• Ask them directly: "Are you claiming Universal Credit housing costs?"
• If yes, apply for a Managed Payment to Landlord (MPTL):
• Use DWP's "Apply for a Direct Rent Payment" service or UC online journal.
• You can request:
• Direct payment of the ongoing housing element.
• A separate arrears deduction from their UC.

Timeline:

• MPTL decisions typically take 2-8 weeks.
• This does not stop you serving a Section 8 notice if arrears build, but it can prevent them spiralling.

Step 5 - Consider mediation and a short payment plan (Days 7-28)

Goal: keep a salvageable tenancy out of court.

Between weeks 1 and 4:

• If the tenant is engaging and has a realistic plan (new job, short-term crisis), agree in writing to:
• Normal rent plus a fixed amount off arrears (for example +GBP 100-150 per month).
• A review date (for example 3 months).
• You can use free mediation services (some councils and charities run them) if communication is difficult.

You still:

• Keep issuing accurate arrears schedules.
• Keep the option of Section 8 open if they default again.

Do not accept vague promises like "I will pay when I can" for months. Either there is a structured plan with dates and amounts, or you move to notice.

Step 6 - Serve a Section 8 notice under the Renters' Rights Act (Weeks 4-12)

Goal: start the legal clock while arrears build to "serious" threshold.

Under the Renters' Rights Act and updated Section 8 regime:

Ground 8 - Serious rent arrears (mandatory)

• Tenant owes at least 3 months' rent (or 13 weeks) at the date of notice and at the hearing.
• Arrears purely caused by delayed Universal Credit must be ignored for the threshold.
• Notice period: 4 weeks (increased from the old 2 weeks).

Ground 10 - "Some rent is unpaid" (discretionary)

Ground 11 - Persistent delay in paying rent (discretionary)

Best practice

Serve Grounds 8, 10 and 11 together as soon as:

• Arrears approach 2 months and it is clear they are not sorting them.
• By the time you get to a hearing, arrears will often be over 3 months, making Ground 8 mandatory if the conditions are met.

Notice form and service

• Use the current Form 3 (or whatever updated Section 8 notice form is in force) with the correct Renters' Rights wording.
• Give 4 weeks' notice for arrears grounds.
• Serve by post AND email, and keep proof (certificate of posting, photos, email logs).

Step 7 - Court possession claim (typically Months 3-8 from first missed rent)

Goal: get a possession order and money judgment.

If the tenant has not cleared arrears or left by the end of the notice period:

• File a Section 8 possession claim in the County Court.
• Use the standard procedure (not accelerated), claiming:
• Possession.
• Rent arrears to date.
• Ongoing use and occupation at the daily rate until possession.

Timelines (realistic 2025-26 England/Wales figures)

• From claim issue to hearing: target is 8 weeks, but 12-20 weeks is common.
• If the judge grants possession, they usually give 14 days to leave, extendable up to 42 days for hardship.
• If Ground 8 is satisfied at the hearing:
• The court must make a possession order unless there is a serious technical defect or discrimination issue.

Step 8 - Enforcement (bailiffs / High Court) - often Months 6-12+

Goal: actually get the property back.

If the tenant does not leave by the possession date:

• Apply for a warrant of possession (County Court bailiffs) using Form N325.
• Typical waits in 2025-26: 6-12 weeks from application to eviction date, sometimes longer.
• Some landlords transfer to the High Court for enforcement for speed, but:
• This needs permission and extra cost, and not every case qualifies.

Through all of this:

• Keep arrears schedules updated.
• Preserve all communication.
• Do not harass or attempt to "self-evict" the tenant. Anything heavy-handed can blow up your court case.

Links to deeper tools and guides

When you can breathe for a minute, use:

• Rent arrears guide (3.16) - full strategy and paperwork timeline.
• Section 8 guide (3.2) - detailed ground list, updated Renters' Rights notice periods.
• Rent arrears letter templates - to get Steps 2 and 5 done fast and correctly.
• Rent guarantee insurance guide (5.2) - to check whether you can claim and what you must do now.
• Late payment calculator tool - to quantify arrears and interest accurately.

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