In short: Since 1 May 2026, the mandatory rent arrears ground (Ground 8) only bites once arrears hit three months’ rent (13 weeks if paid weekly/fortnightly), and you must then give four weeks’ notice, up from two. You must also follow the Pre-Action Protocol for rent arrears before going to court, which means early contact, a proper breakdown of the debt, and a genuine attempt at a repayment plan. Realistically, allow several months from first missed payment to actual repossession, even in a straightforward case, so act early, document everything, and never resort to self-help eviction.
The legal threshold has gone up
Before 1 May 2026, Ground 8 (the mandatory arrears ground) kicked in at two months’ unpaid rent. The Renters’ Rights Act raised this to three months’ rent (or 13 weeks of arrears for a weekly or fortnightly tenancy), and doubled the notice period for Ground 8 from two weeks to four weeks. This is a genuinely significant change: it takes tenants longer to fall behind enough to trigger a mandatory ground, and then you must wait longer before you can even apply to court.
Crucially, the arrears threshold has to be met twice: once on the day you serve the notice, and again on the day of the court hearing. If the tenant pays enough off in the meantime to drop below three months’ arrears, the mandatory ground collapses and you’re left relying on discretionary grounds (Ground 10, persistent arrears below the mandatory threshold, or Ground 11, persistent delay in paying rent), both of which require the court to be persuaded it’s reasonable to grant possession, rather than obliging it to do so.
Act at the first missed payment, not the third month
Because of the extended threshold and notice period, waiting until arrears reach the mandatory level before doing anything is a slow and expensive strategy. As soon as a payment is missed:
- Contact the tenant promptly, by phone, email, and in writing, to understand what’s happened. Job loss, benefit delays, and family breakdown are common and often temporary.
- Keep a clear written record of every missed payment, communication, and promise made. This becomes your evidence bundle if things escalate.
- Offer or discuss a repayment plan where realistic. Courts (and the Pre-Action Protocol, below) expect to see that you tried to resolve things before litigating.
- Check if Universal Credit or Housing Benefit is involved, you may be able to request an Alternative Payment Arrangement so rent is paid directly to you.
- Consider whether rent guarantee insurance covers you. Many landlord insurance policies include, or offer as an add-on, rent guarantee cover that pays out during arrears and contributes to legal/eviction costs, worth checking your policy now, before you need it, since most require the arrears to be reported quickly after they arise.
Pre-Action Protocol for rent arrears
Before issuing court proceedings for possession based on arrears, landlords (or their agents/solicitors) are expected to follow the Pre-Action Protocol for Possession Claims based on rent arrears. In practice this means you should:
- Contact the tenant as soon as arrears arise, not after they’ve spiralled.
- Provide a clear, itemised statement of the arrears and how they were calculated.
- Discuss the tenant’s circumstances and explore a reasonable repayment plan.
- Signpost the tenant to debt or welfare advice (e.g., Citizens Advice) and give them a reasonable chance to respond.
- Keep records of every step, letters, emails, texts, and any plan offered or rejected.
Skipping this isn’t just bad practice, courts take compliance seriously, and a claim that ignores the protocol risks being adjourned, hit with a costs order against the landlord, or struck out altogether, even where the arrears are genuine and serious.
The court process, realistically
- Serve the Section 8 notice citing Ground 8 (and, where relevant, discretionary grounds 10/11 as a fallback) once the three-month threshold is met, four weeks’ notice required.
- If arrears aren’t cleared and the tenant doesn’t leave, issue a possession claim at the county court.
- Expect a hearing date some weeks after issuing, courts nationally are dealing with a considerable backlog.
- If possession is granted and the tenant still doesn’t leave, you then need a warrant of possession and a bailiff appointment, which itself can take weeks to months depending on the local court and bailiff availability.
Landlord surveys consistently flag court delays as one of the biggest post-Act anxieties, and the reported average time from issuing a claim to actual repossession runs well beyond six months nationally once bailiff waiting lists are included, with average lost rent at the point of eviction reported in the low five figures. Plan your cash flow, and your patience, accordingly, and don’t assume a quick resolution even with a strong mandatory ground.
Never attempt self-help eviction
However frustrated you are, do not change locks, remove belongings, cut off utilities, or otherwise pressure a tenant to leave outside the court process. This is illegal eviction and/or harassment, exposes you to criminal prosecution, and can result in a rent repayment order of up to 12 months’ rent (potentially up to 24 months for offences from 1 May 2026) on top of any damages awarded to the tenant. It also completely undermines your legal position if you later need the court’s help.
Rent guarantee insurance as a safety net
Given the arrears threshold and notice periods are now both longer, rent guarantee insurance (sometimes bundled with legal expenses cover) is worth serious consideration for anyone who can’t comfortably absorb three-plus months of lost rent plus a lengthy court process. Read the policy terms carefully, most require you to have referenced the tenant properly at the start of the tenancy and to report arrears within a set window (often as little as 30 days) to remain covered.
Related reading
Sources
- Renting out your property: possession hearings and orders, GOV.UK
- Rent arrears possession, Shelter Legal England
This is general information, not legal, tax, or financial advice. Rules referenced are accurate to the best of available information as of July 2026 for England unless stated otherwise, this area of law is changing fast, so always check current government guidance (gov.uk) or consult a solicitor before acting, especially on evictions.
Last Updated on September 21, 2026