Frequently Asked Questions — Landlords

Immediately. A single missed payment should prompt a first communication within a few days. The most common reason arrears escalate unnecessarily is delay. Landlords who act promptly at Stage 1 — when arrears first arise — are significantly better placed to resolve the matter without formal proceedings.

No. There is no legal obligation to agree a repayment arrangement. However, the framework encourages landlords to explore this option where the tenant is engaging genuinely and the arrears can realistically be cleared within a reasonable period.

If you do agree an arrangement, put it in writing, include a clear schedule, and monitor compliance. If it breaks down, do not delay in moving to the next stage.

You should keep records of:

• The date each payment was due and the amount received or not received
• The date and content of each communication with the tenant
• Copies of all written notices served
• Records of any repayment arrangements agreed
• Notes of telephone conversations, including date and summary

Email is generally preferable to telephone for formal communications as it creates a written record automatically.

You can serve a Section 8 notice when the arrears meet the relevant legal threshold and you have completed the earlier stages of the arrears process.

For the mandatory ground (Ground 8), arrears must be at least 3 months' rent for monthly tenancies (or 13 weeks for weekly tenancies) at the date the notice is served and at the date of any court hearing. This threshold applies from 1 May 2026 under the Renters' Rights Act 2025.

Discretionary grounds (Grounds 10 and 11) can be used where any rent is owed or where rent has been persistently paid late, regardless of the arrears level.

For Ground 8 (mandatory rent arrears ground), the minimum notice period is 4 weeks under the Renters' Rights Act 2025, which comes into force on 1 May 2026. The previous minimum was 2 weeks.

• Using an outdated version of Form 3
• Incorrect or incomplete arrears figures in the particulars
• Failing to specify the ground in the correct form of words
• Serving the notice by a method not permitted under the tenancy agreement
• Issuing a court claim more than 12 months after serving the notice
• The tenant reducing arrears below the mandatory threshold before the court hearing

If you are uncertain about the correct procedure, seek legal advice before serving.

Section 21 no-fault evictions are abolished in England from 1 May 2026 under the Renters' Rights Act 2025. From this date, landlords must use Section 8 grounds for all possession claims.

Landlords in Wales should take specific legal advice, as Wales operates under different housing legislation.

A possession claim is made to the county court. The claim sets out the grounds for possession, the arrears outstanding, and the history of the tenancy. The tenant is notified and given an opportunity to respond.

At the hearing, where Ground 8 is established and the arrears threshold is met, the court must grant a possession order. Where discretionary grounds are used, the court considers whether it is reasonable to grant possession.

Court fees for a standard possession claim are in the region of £400 to £450. Additional legal or representative costs may apply depending on whether you instruct a solicitor or specialist service.

If the tenant does not leave following a possession order, you will also need to apply for a warrant of possession, which carries an additional fee.

Yes. A possession claim can include a claim for the outstanding rent arrears. If the court grants judgment for the arrears, this becomes a county court judgment against the tenant, which can be enforced through various means including attachment of earnings or a charging order.

You have six years from the date each rent payment fell due to pursue recovery of unpaid rent.

The Tenant Arrears Collections Office (TACO) is an organisation that assists landlords with structured arrears recovery. It operates in accordance with the Rent Arrears Framework's principles and stages, and manages the county court claim process where resolution has not been achieved through earlier stages.

TACO is one example of an organisation that adopts the framework. The framework itself is independent of TACO and any other individual service.