If your tenant in England stops paying rent, talk to them first, keep a clear record of what's owed, and tell your rent guarantee or legal expenses insurer straight away if you have cover. If the arrears continue, the legal route is a section 8 notice. Since 1 May 2026, the mandatory rent arrears ground (ground 8) needs at least three months' rent owed if rent is paid monthly, or 13 weeks if paid weekly or fortnightly, with four weeks' notice before you can go to court.

Section 21 "no-fault" evictions were abolished on 1 May 2026, so section 8 is now the only route. This guide walks through the steps and shows where insurance helps. It isn't legal advice. Possession claims have strict rules, so use a solicitor or your legal expenses insurer's panel for anything contested.

Step 1: act early

• Contact the tenant. Missed rent often has a cause: job loss, illness, a benefit delay. A repayment plan agreed early can stop arrears growing.

• Check for Universal Credit issues. If the tenant is waiting for a Universal Credit payment, you may be able to ask for the housing element to be paid direct to you.

• Keep a rent statement showing each payment due and received.

• Tell your insurer. Rent guarantee and legal expenses policies usually have a deadline for reporting missed rent. Missing it can affect your claim.

• Check the guarantor, if there is one, and the guarantor agreement.

Step 2: understand the grounds

The main section 8 grounds for arrears are:

• Ground 8 (mandatory): at least three months' rent unpaid if rent is monthly, or 13 weeks' if weekly or fortnightly, both when you serve the notice and at the court hearing. If the grounds are proved, the court must order possession. The court must ignore arrears that exist only because the tenant hasn't yet received a Universal Credit payment they're entitled to.

• Ground 10 (discretionary): some rent is unpaid when you serve notice and when proceedings begin.

• Ground 11 (discretionary): the tenant has persistently delayed paying rent, even if it's been paid by the hearing.

For discretionary grounds, the court decides whether it's reasonable to order possession. Landlords often rely on grounds 8, 10 and 11 together, so that if the arrears drop below the ground 8 threshold, the other grounds may still apply.

Step 3: serve a valid section 8 notice

• Use the prescribed form and state the grounds and particulars correctly.

• For ground 8, the notice period is at least four weeks.

• Serve it correctly and keep proof of service.

• For notices served from 1 May 2026, possession proceedings must be started within 12 months of service.

Before serving, check your paperwork. Problems with deposit protection, gas safety, licensing or, once rules apply in your region, PRS database registration can cause difficulty. See our landlord safety certificates checklist and our PRS database guide.

Step 4: court proceedings

If the tenant doesn't pay or leave by the end of the notice period, you can apply to the county court for a possession order. Expect:

• a hearing, where the arrears must still be at least the ground 8 threshold if you rely on ground 8,

• a possible defence or counterclaim from the tenant, such as disrepair,

• an order for possession, often with a money judgment for the arrears.

Court timescales vary by area. Don't plan your finances on a particular date.

Step 5: enforcement

If the tenant doesn't leave by the date in the order, you need to apply for a warrant of possession, carried out by county court bailiffs (or High Court enforcement officers, with permission). You must never remove a tenant yourself, change the locks or cut off utilities. Illegal eviction and harassment are criminal offences.

Recovering the arrears

A money judgment doesn't guarantee payment. Options include attachment of earnings, charging orders and other enforcement, each with costs. Tenants who leave owing rent can be traced, but recovery isn't certain. This is where rent guarantee cover can make the difference.

Where insurance helps

• Rent guarantee insurance pays lost rent, up to the limit and for the period set in the policy, while you recover possession. It usually requires the tenant to have been referenced to the insurer's standard before the tenancy, and the arrears to be reported promptly.

• Legal expenses insurance pays solicitor, court and sometimes enforcement costs for possession claims, often with a "prospects of success" test.

• Check that both are written for section 8 claims now that section 21 has gone.

Our rent guarantee insurance guide explains how these policies work and when they're worth it. Our Renters' Rights Act guide covers what else to check on your policy.

What doesn't help

• Accepting partial payments without recording them, which can confuse the arrears figure at the hearing.

• Informal "cash for keys" deals without checking your insurer's conditions.

• Serving a notice with the wrong grounds, dates or form.

• Waiting too long to report missed rent to your insurer.

Keeping your paperwork possession-ready

A possession claim is only as strong as the paperwork behind it. Before you need it:

• Tenancy agreement: signed, with the correct parties and rent.

• Deposit: protected within 30 days, with prescribed information served.

• Gas safety record and EICR: current, with copies given to the tenant. See our gas safety certificate guide and EICR guide.

• EPC: valid and given to the tenant.

• Licence: if your council requires one. See our selective licensing guide.

• Rent statement: kept up to date, showing every payment due and received.

• Correspondence: copies of letters and messages about arrears or repayment plans.

Rent guarantee and legal expenses insurers will ask for most of these before accepting a claim, so having them ready helps.

Talking to the tenant

A calm, written approach works best. Set out what's owed, ask whether there's a problem you should know about, and propose a realistic repayment plan. Point the tenant to free debt advice services. Record every conversation and agreement. If the plan breaks down, your notes support any later claim, and they show the court you acted reasonably.

Frequently asked questions

How much rent must be owed before I can evict?

For the mandatory ground 8, at least three months' rent if paid monthly, or 13 weeks' if paid weekly or fortnightly, both at notice and at the hearing. Discretionary grounds can apply to smaller or persistent arrears.

How much notice do I give for rent arrears?

At least four weeks for ground 8 notices served from 1 May 2026.

Can I still use section 21?

No. Section 21 was abolished in England on 1 May 2026.

Does Universal Credit count towards the arrears?

For ground 8, the court ignores arrears that exist only because a Universal Credit payment the tenant is entitled to hasn't arrived yet.

Will my rent guarantee policy pay?

If you meet its conditions, including referencing and prompt notification, it usually pays rent up to the limit while you recover possession. Read your policy.

Can I change the locks if the tenant doesn't pay?

No. Only court-appointed enforcement officers can evict a tenant after a court order. Doing it yourself is a criminal offence.

Protect the next tenancy

Send us your current landlord policy or renewal and we'll review it and come back with quotes from the insurers on our panel. Start with your buy-to-let details.

Meshed is a trading name of Mesh'd Limited, authorised and regulated by the Financial Conduct Authority (FRN 1033248). We charge a flat 10% broker fee. This guide is general information, not legal advice.