When a tenant misses rent payments, it can put financial strain on landlords. And while eviction should always be a last resort, landlords have legal options to recover owed rent. In this guide, we break down the eviction process step by step, helping you understand your rights and how to handle the situation fairly and legally.
What are your options if a tenant isn’t paying rent?
If a tenant has missed rent payments, it’s best to handle the situation fairly and proactively before considering legal action. Here are some practical steps landlords can take:
Communicate with the tenant: Start by speaking with the tenant to understand their situation. They may be facing temporary financial difficulties and could be willing to set up a repayment plan. Open communication can often resolve issues without escalating the situation.
Send a formal rent demand letter: If the tenant doesn’t respond or fails to pay, send a written rent reminder. This provides a clear record of the missed payment and gives the tenant a chance to catch up before further action is taken.
Set up a rent repayment plan: Some tenants may agree to pay back overdue rent in instalments. A repayment plan helps them clear their debt gradually while ensuring you receive the money owed.
Check if the tenant qualifies for housing support: Tenants struggling with rent may be eligible for government assistance. If they receive Universal Credit, they may qualify for additional housing support.
Consider mediation: If communication breaks down, a third-party mediator can help resolve the dispute without legal action. Mediation can lead to compromises that work for both parties and avoid costly court proceedings.
Can you evict a tenant for not paying rent?
Yes, landlords can legally evict a tenant who fails to pay rent, but they must follow the proper legal process to do so. Eviction for rent arrears typically involves serving a Section 8 notice, which allows landlords to reclaim the property if tenants breach their tenancy agreement by not paying rent.
In some cases, a Section 21 notice may also be used to end the tenancy without providing a specific reason, as long as the correct notice period is given and legal requirements are met. However, a Section 21 notice cannot be used if the fixed-term tenancy is still active unless there is a break clause.
What is a Section 8 notice?
A Section 8 notice is used when a tenant has breached their tenancy agreement - most commonly due to unpaid rent. This legal notice, issued under the Housing Act 1988, allows landlords to seek possession of the property before the fixed-term tenancy ends.
A Section 8 notice can be used if:
The tenant is at least two months behind on rent.
The tenant has engaged in anti-social behaviour or damaged the property.
There have been other breaches of the tenancy agreement.
The notice must state the legal grounds for eviction. If the tenant does not leave by the deadline, the landlord can apply for a possession order through the courts to get their property back.
What is a Section 21 notice?
A Section 21 notice is often referred to as a ‘no-fault eviction’ because a landlord doesn’t need to provide a reason for ending the tenancy. This notice is used to regain possession of a property at the end of a fixed-term tenancy or during a periodic (rolling) tenancy.
Key points about Section 21 notices:
The landlord must provide at least two months’ notice.
The notice cannot be issued within the first four months of a new tenancy.
The landlord must follow legal obligations. These include protecting the tenant’s deposit. They need to provide an Energy Performance Certificate (EPC) and a Gas Safety Certificate.
If the tenant doesn’t leave by the given date, the landlord must apply for a possession order to enforce eviction.
How long can a tenant not pay before eviction?
In most cases, a tenant must be at least two months behind on rent before a landlord can start the eviction process. At this point, a landlord can serve a Section 8 notice based on rent arrears. However, evicting a tenant for non-payment of rent is not immediate - the process can take several months, depending on things like court availability. You can learn more in our guide to possession order timescales.
Step by step: How to evict a tenant for rent arrears
1. Serve a rent arrears notice
As soon as the tenant falls behind on rent, send a formal letter reminding them of the overdue rent. This should include the outstanding amount and a deadline for payment. You should warn of further action if payment is not made.
2. Serve a Section 8 notice
If the tenant still does not pay, serve a Section 8 notice with owed rent as the legal ground for eviction. The notice must:
Specify the exact amount of unpaid rent.
Provide at least 14 days' notice before court proceedings begin.
Use Ground 8 (mandatory eviction for rent arrears of two months or more) or Ground 10 (some unpaid rent). You can also use Ground 11 (persistent late payments) under the Housing Act 1988.
3. Serve a Section 21 notice (if applicable)
If the tenancy is periodic or the fixed term has ended, a Section 21 notice can be used. This can be instead of or alongside a Section 8 notice. A Section 21 notice requires two months' notice but does not need the landlord to prove owed rent.
4. Wait for the notice period to expire
The tenant has the legal right to remain in the property until the notice period ends. If they don't then leave or clear their owed rent, the next step is court action.
5. Apply to the court for a possession order
If the tenant refuses to leave after the notice period, the landlord must apply for a possession order. This is done through the county court and involves:
Filling out form N5 (claim for possession) and form N119 (particulars of claim).
Paying a court fee (typically £391 for standard possession claims, or £355 for an accelerated possession claim under Section 21).
Submitting supporting evidence, such as rent statements and correspondence with the tenant.
6. Attend a court hearing (if required)
If the tenant doesn't agree with the eviction, the court will schedule a hearing. The judge will decide whether to grant the possession order based on:
The validity of the landlord’s notice.
The tenant’s payment history.
Any defences raised by the tenant, such as housing disrepair claims or notice rules.
7. Obtain a possession order
If the court rules in favour of the landlord, they will issue one of the following:
Outright possession order: The tenant must leave the property, usually within 14 days.
Suspended possession order: The tenant is allowed to stay if they meet conditions, such as repaying the owed rent in instalments.
Dismissed case: If the tenant challenges the claim, the eviction is denied, and the landlord must restart the process.
Request a warrant for possession: If the tenant doesn’t leave after a possession order is granted, the landlord must apply for a warrant for possession. Court bailiffs will then remove the tenant from the property.
The application costs £143
The bailiffs will give the tenant at least 14 days' notice before the eviction date.
8. Bailiff eviction
If the tenant still doesn't leave, county court bailiffs will remove them by physical force from the property. The landlord must not attempt to evict the tenant themselves, as this would be classed as an illegal eviction.
What are guaranteed rent schemes?
A guaranteed rent scheme is an option for landlords who want to avoid the risk of unpaid rent and ensure consistent income from their property. Instead of relying on tenants to pay rent on time, landlords sign an agreement with a third party - usually a letting agency, property management company, or local council - which guarantees rental payments even if the tenant fails to pay.
How do they work?
The landlord leases their property to a third party for a fixed period.
The third party pays the landlord a set monthly rent, whether the property is occupied or not.
The third party finds tenants, manages rent collection, and handles property maintenance.
FAQ
Can I change the locks if my tenant doesn’t pay rent?
No, changing the locks without going through the legal eviction process is illegal. Even if the tenant isn’t paying rent, forcing them out without a court order could result in serious penalties for unlawful eviction.
Can a tenant avoid eviction by paying some of the arrears?
Yes, if a tenant reduces their arrears to below two months before a court hearing, a judge may decide not to grant eviction under a Section 8 notice.
Can I deduct unpaid rent from the tenant’s deposit?
Yes, if the tenancy agreement allows it, landlords can deduct unpaid rent from the tenant’s deposit at the end of the tenancy. However, the deposit must be held in a government-approved tenancy deposit scheme, and any deductions should be fair and properly documented to avoid disputes.
Final thoughts
Evicting a tenant for unpaid rent is a serious legal process that must be handled correctly. Before taking action, landlords should try to communicate openly with the tenant and explore alternative solutions like repayment plans. If eviction is the only option, it's essential to follow UK tenancy laws to avoid legal issues.
💡 Need legal guidance? Our experts can help landlords and tenants navigate this challenging situation with clear advice and support. Get in touch today.
References
Dealing with rent arrears by Citizens Advice
Form N5 by Gov.UK
Form N119 by Gov.UK
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.
