The Arrears Playbook
Day 1 to day 90, by the book · Lordease · 4 November 2026
Why this guide
Most landlords who lose an arrears case do not lose on the facts. They lose on paperwork: a deposit protected a few days late, a gas record never handed over, a notice on an old form, a rent schedule that does not add up. Since 1 May 2026 there is no Section 21 to fall back on, so the paperwork has to be right first time.
Arrears are the most common worry among small landlords: in one large UK landlord group we studied, a third of all posts were about them. This playbook sets out the rules as they stand now, a calm day-by-day plan for the first 90 days, the documents that must already be in order, and wording you can adapt. It is general information, not legal advice: for a live case, speak to a housing solicitor.
The rules now (England, from 1 May 2026)
All private tenancies are now rolling (periodic) tenancies. To end one for rent arrears, you serve a Section 8 notice on the prescribed form, wait out the notice period, then apply to court. Three grounds cover rent:
| Ground | When it applies | Notice | Court must order possession? |
|---|---|---|---|
| Ground 8 | At least 3 months' rent owed (13 weeks if rent is weekly), both on the day you serve notice and on the day of the hearing | 4 weeks | Yes, if proved: it is mandatory |
| Ground 10 | Some rent owed when notice is served and when proceedings start | 4 weeks | No: the judge decides what is reasonable |
| Ground 11 | The tenant has persistently paid late, even if nothing is owed today | 4 weeks | No: the judge decides |
Key points
- The 3-month line is measured on two days only: the day notice is served and the hearing date. A part payment that drops the balance just below the line on either day defeats Ground 8. That is why landlords serve on Grounds 8, 10 and 11 together.
- Universal Credit: the court ignores arrears that exist only because a Universal Credit housing award has been made but not yet paid.
- Deposits: a deposit not protected, or prescribed information not given, is now a defence to every rent-arrears claim.
- Old templates are risky: the grounds were rewritten on 1 May 2026, so notices built on older forms may be invalid. The court cannot overlook a defective Ground 8 notice.
- The landlord database: once your region's registration starts (from December 2026), courts cannot make a possession order unless you and the property have active entries.
Day 1 to day 90
Most late rent is a slip, not a crisis. Stay friendly, stay in writing, and keep a dated note of everything. Each step below assumes rent is due monthly.
- Day 1: rent not in. Check your bank first, then send a short friendly reminder by text or WhatsApp. Log it.
- Day 3 to 5: a call. Ask what has happened and when they can pay. Most problems are a late salary or a benefit change. Confirm whatever is agreed in a message the same day.
- Day 7: written reminder. Amount owed, date it was due, the date you agreed. Keep it polite: this letter may be read by a judge one day.
- Day 14: payment plan or help. Offer a written payment plan. If the tenant is on Universal Credit, ask them to tell their work coach, and consider asking DWP for rent to be paid to you directly. You can usually request this once arrears reach 2 months' rent, or earlier if the tenant struggles to manage money.
- Day 30: second month due. Check your paperwork is complete (next section). If anything is missing, fix it now, not after notice.
- Day 45: formal letter. A clear letter stating the arrears, the rent schedule, and what will happen if the plan is not kept. If you plan to claim the money through the courts, follow the Pre-Action Protocol for Debt Claims: a letter before claim with the information sheet and reply form, and 30 days to respond.
- Day 60 to 90: decide. Arrears reach the 3-month line around day 61 for monthly rent (when the third month falls due unpaid). Take advice and, if you go ahead, serve notice on the current prescribed form under Grounds 8, 10 and 11. The earliest court date is 4 weeks later.
Throughout: never change the locks, remove belongings or cut off utilities. That is illegal eviction, and it turns a strong case into a criminal one.
The paperwork that must already be right
Check this list on day 30, not on the day you serve notice. For each item, you need the document and proof of when and how the tenant received it.
| Item | What good looks like | Proof to keep |
|---|---|---|
| Deposit | Protected in a government-approved scheme within 30 days of receiving it | Scheme certificate with its date |
| Prescribed information | Given to the tenant within the same 30 days | Signed copy, or email with attachment and date |
| Written terms | New tenancies: written statement of terms. Tenancies that existed on 1 May 2026: the government information sheet, due by 31 May 2026 | Copy plus the date sent |
| Gas safety record | Current, and a copy given to the tenant | Record plus delivery date |
| Electrical report (EICR) | Within 5 years, copy given to the tenant | Report plus delivery date |
| Energy certificate (EPC) | Valid, given to the tenant | The certificate itself attached, not a link |
| Licence | If your council requires an HMO or selective licence | Licence number and end date |
| Landlord database | Once your region has started: active landlord and property entries | Registration reference |
Landlords have reported possession claims stopped because the EPC was sent as a web link, not attached. Attach the document itself, every time.
The rent schedule
The court will want a rent schedule: a simple running account of every rent due and every payment received. Keep it from day one, not when things go wrong.
| Date | Rent due (£) | Paid (£) | Date paid | Balance owed (£) |
|---|---|---|---|---|
| 1 Aug | 1,000 | 1,000 | 1 Aug | 0 |
| 1 Sep | 1,000 | 400 | 12 Sep | 600 |
| 1 Oct | 1,000 | 0 | 1,600 | |
| 1 Nov | 1,000 | 0 | 2,600 | |
| 1 Dec | 1,000 | 25 | 2 Dec | 3,575 |
Months in arrears = balance ÷ monthly rent. In this example, £3,575 ÷ £1,000 = 3.6 months on 2 December: over the Ground 8 line.
The 25p trick. Some tenants pay a small sum just before a hearing to drop below the line. Count months from the balance, never from "missed payments". If the balance is £2,990 on the hearing day, it is under 3 months whatever has been missed, and Ground 8 fails. Grounds 10 and 11 still stand, which is why you serve all three.
Good habits:
- One row for every due date, even when paid in full
- Record the actual amount and date of every payment, however small
- Note where money came from (tenant, Universal Credit, guarantor)
- Keep the bank statements that back up each row
Wording you can adapt
Keep every message short, factual and kind. Assume a judge will read it.
Day 1: friendly reminder
Hi [name], just a quick note that this month's rent of £[amount] was due on [date] and hasn't come through yet. Could you let me know when to expect it? Thanks, [your name]
Day 7: written reminder
Dear [name], rent of £[amount] for [property] was due on [date] and remains unpaid. The total now owed is £[balance]. Please pay by [date], or contact me so we can agree a plan. If something has changed, such as work or benefits, please tell me and I will do what I can to help. Kind regards, [your name]
Day 14: payment plan confirmation
Dear [name], thank you for talking with me today. As agreed, you will pay your normal rent of £[amount] on [due day] each month, plus £[extra] towards the arrears of £[balance], starting on [date]. The arrears will be cleared by [date]. Please let me know straight away if you cannot keep to this. Kind regards, [your name]
Day 45: formal letter (outline)
- The property, the tenancy start date and the monthly rent
- The total arrears today, with the rent schedule attached
- What has been agreed so far and what has not been kept
- The date by which you need payment or a firm plan
- A clear, calm statement that if arrears continue you may need to take legal steps to recover the money and the property
- Where the tenant can get free advice (Citizens Advice, Shelter)
Never threaten anything you cannot lawfully do, and never contact the tenant's employer or family about the debt.
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General information, not legal advice. Possession cases depend on exact facts and wording. Before serving notice, check the current forms on GOV.UK and speak to a housing solicitor. Rules checked on 4 November 2026; this guide covers England.
Sources
- What the Renters' Rights Act means for rent arrears evictions (Shelter England)
- Section 8 notice: how much notice (Shelter England)
- Implementing the Renters' Rights Act 2025: roadmap (GOV.UK)
- Register your rental property service (NRLA)