Guidance for Tenants

What Are Rent Arrears?

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.

Arrears accumulate over time. A single missed payment becomes two, then three, and the debt becomes harder to resolve the longer it is left.

Your Obligation to Pay Rent

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.

What Will Happen If You Miss a Payment

If you miss a payment, your landlord is likely to contact you. This may initially be informal — a message or a 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 are designed to give you time and opportunity to resolve the matter. The later stages involve formal legal processes that can have serious consequences.

• Stage 1–2
  First contact and written notice Your landlord will contact you and, if the arrears continue, send a formal written notice. This is your opportunity to engage, explain your circumstances, and begin working toward a resolution.
• Stage 3
  Repayment arrangement If you engage with your landlord, a repayment arrangement may be agreed. This allows you to pay off the arrears over time in addition to your ongoing rent. Maintaining the arrangement is critical.
• Stage 4
  Section 8 notice If the arrears are not resolved, your landlord may serve a formal Section 8 notice. This does not mean you must leave immediately — but it means formal legal action is being considered. Seek advice immediately.
• Stage 5–6
  Court proceedings If the matter is not resolved, your landlord may apply to the county court for a possession order. If granted, you will be required to leave the property and the arrears remain a debt owed.

Your Options If Arrears Arise

There are several steps you can take if you are struggling to pay your rent or have already fallen into arrears.

• 1
  Speak to your landlord Explain the situation. Many landlords are willing to agree a repayment arrangement where they can see that the tenant is engaging and intends to pay.
• 2
  Seek independent advice Free and confidential advice is available from Citizens Advice, Shelter, your local authority housing team, and other organisations listed on this page.
• 3
  Check your benefit entitlement If your circumstances have changed and you are not already receiving housing support, you may be eligible for housing benefit or the housing costs element of Universal Credit.
• 4
  Apply for Breathing Space If you are in problem debt, you may be able to apply for a moratorium — known as Breathing Space — which pauses enforcement action for up to 60 days while you receive professional debt advice. Contact StepChange or Citizens Advice to find out more.

What a Section 8 Notice Means

A Section 8 notice is a formal legal notice that your landlord intends to apply to the court for possession of the property if the arrears are not resolved. It does not mean you must leave immediately.

The notice period gives you time to respond. If you receive a Section 8 notice you should seek independent advice immediately. Options include paying the arrears in full, agreeing a repayment arrangement, or presenting your circumstances to the court.

The Consequences of Unresolved Arrears

If arrears are not resolved and a court makes a possession order, you will be required to leave the property. The arrears themselves remain a debt owed regardless of whether you leave.

Where to Get Free Advice

If you are struggling with rent arrears, free and confidential advice is available from the following organisations.