Skip to main content
MTDRecognised by HMRC for Making Tax Digital
LetComplianceLandlord & property management software

Landlord glossaryPossession

Arrears (Rent Arrears)

Rent that is unpaid after its due date. Ground 8 of Schedule 2 to the Housing Act 1988, a mandatory ground, needs at least three months’ rent unpaid (13 weeks’ rent where rent is paid weekly or fortnightly), both when notice is served and at the hearing, up from two months before the Renters’ Rights Act 2025. Grounds 10 and 11 cover smaller or persistent arrears and are discretionary.

Reviewed by Erdem VolkanLast reviewed 16 September 2026How we check facts

Ground 8 threshold
Three months’ rent, or 13 weeks’ rent
Before 1 May 2026
Two months’ rent
Notice period
Four weeks for Grounds 8, 10 and 11
Other grounds
Grounds 10 and 11, discretionary

Why it matters

What Arrears (Rent Arrears) means for a landlord

Rent arrears are one of the most common reasons landlords seek possession, and the Ground 8 threshold rose from two months’ rent to three under the Renters’ Rights Act 2025. That extra month is a real cash-flow gap, and it means landlords need clean, dated evidence of what was due and paid, because the court will not grant possession on Ground 8 if the arrears have fallen below three months by the hearing. Grounds 10 and 11 remain for smaller or persistent arrears, but the court decides whether possession is reasonable.

Worked example

How it plays out

Priya lets a house in Leicester at £950 a month, due on the 1st. Her tenant pays nothing in January, February or March, so on 2 April the arrears are £2,850, three months’ rent. She serves notice on Grounds 8, 10 and 11 and starts a claim once the four weeks have passed. By the hearing in June the arrears have reached £5,700, then the tenant pays £3,000 the week before, leaving £2,700. That is below three months’ rent, so Ground 8 fails, but Priya’s dated rent record lets the court consider Grounds 10 and 11, where it decides whether possession is reasonable.
An illustrative example. Names, places and figures are made up.

Common mistakes

Where landlords go wrong

  1. 01Relying on Ground 8 alone, so a part-payment before the hearing leaves no ground to fall back on.
  2. 02Counting charges that are not rent, such as repair costs, towards the three-month threshold.
  3. 03Keeping arrears in a spreadsheet without dates, so the balance on the day notice was served cannot be shown.
  4. 04Forgetting the address for service: under section 48 of the Landlord and Tenant Act 1987, rent is not treated as due until the tenant has an address in England or Wales for notices.

What to do

A short checklist

  • Record every payment against the date it was due, so the balance on any day is clear.
  • Contact the tenant in writing as soon as a payment is missed and keep the reply.
  • If the tenant receives Universal Credit, ask whether a managed payment of the housing element to you would help.
  • Before serving notice, check the arrears meet the threshold today and are likely to at a hearing.

Sources

Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.

All glossary termsRenters’ Rights Act 2025UK regulationsLandlord guides