Frequently Asked Questions — Tenants

Rent arrears arise when rent that is due under your tenancy agreement has not been paid in full or on time. This includes rent that has not been paid at all, rent that has been paid late, and rent that has been paid in part but not in full.

Yes. Paying rent on the date it falls due is a legal obligation under your tenancy agreement. If you are unable to pay, that obligation does not disappear — it remains owed until it is paid.

The most important thing is to communicate with your landlord or agent as early as possible. Do not wait. Early communication significantly increases the likelihood of a managed resolution.

You should also seek independent advice. Free advice is available from Citizens Advice, Shelter, and your local authority housing team.

Your landlord is likely to contact you. Initially this may be an informal message or call. If you do not respond or the arrears continue, you should expect a formal written notice.

The Rent Arrears Framework describes six stages through which arrears situations progress. The earlier stages give you time and opportunity to resolve the matter before formal legal action is considered.

Yes, but only through a formal legal process. Your landlord must serve a Section 8 notice and, if you do not vacate or resolve the arrears, apply to the county court for a possession order.

Under the Renters' Rights Act 2025, which comes into force on 1 May 2026, the mandatory threshold for possession on rent arrears grounds is 3 months' rent for monthly tenancies. Section 21 no-fault evictions are abolished from this date.

A Section 8 notice is a formal legal document that begins the possession process. It sets out the legal grounds on which your landlord is seeking possession and gives you a period of notice — a minimum of 4 weeks for the mandatory rent arrears ground — before your landlord can apply to court.

Receiving a Section 8 notice does not mean you must leave immediately. You should seek independent advice as soon as possible.

The Renters' Rights Act 2025 comes into force on 1 May 2026. Key changes that affect tenants include:

• Section 21 no-fault evictions are abolished — your landlord must now give a legal reason to evict you
• The mandatory arrears threshold for eviction increases from 2 months to 3 months' rent
• The notice period for the mandatory arrears ground increases from 2 weeks to 4 weeks
• All tenancies become periodic — there are no more fixed-term assured shorthold tenancies
• You can give 2 months' notice to end your tenancy at any time

Yes. If you engage with your landlord and demonstrate that you intend to pay, many landlords will agree a repayment arrangement — allowing you to pay off the arrears over time in addition to your ongoing rent.

Your landlord is not legally required to agree a repayment arrangement, but the framework encourages landlords to explore this option before serving formal notice.

The Breathing Space Scheme (formally the Debt Respite Scheme) allows people in problem debt to apply for a moratorium — a pause in enforcement action — for up to 60 days, while receiving professional debt advice.

A mental health crisis moratorium is also available with no time limit. Contact StepChange or Citizens Advice to find out more.

If your circumstances have changed and you are not already receiving housing support, you may be eligible for the housing costs element of Universal Credit or, in some cases, housing benefit. Contact your local authority or Citizens Advice for advice on your entitlement.

If a county court judgment is made against you for unpaid rent, it will appear on your credit record for up to six years. This can make it significantly more difficult to rent a property, obtain credit, or pass reference checks in the future.

The arrears remain a debt owed regardless of whether you leave the property.

• Citizens Advice — free, independent advice on housing, debt, and benefits
• Shelter England — housing advice and support for tenants in England
• Shelter Cymru — housing advice for tenants in Wales
• StepChange — free debt advice and Breathing Space applications
• Your local authority housing team — can advise if you are at risk of homelessness
• Housing Loss Prevention Advice Service — free legal advice once possession proceedings have been issued