Skip to content
Menu
About rentaroof
City Guides
Popular cities

Rent arrears

Rent arrears occur when a tenant falls behind on their rent payments. It refers specifically to any rent that is currently overdue and remains unpaid.

How do rent arrears work in practice?

In the UK, clear rules govern overdue rent within a tenancy agreement. A shortfall in rent is created the moment a payment is missed. The consequences depend on the total amount owed and the specific type of tenancy, such as an Assured Shorthold Tenancy (AST).

Key points to keep in mind:

  • Immediate Debt: Rent is legally considered to be "in arrears" the day after it was due.
  • Communication: Landlords must contact the tenant to request payment before pursuing formal legal action.
  • Legal Thresholds: The total amount of debt determines the next steps. For example, once arrears reach a certain level, a landlord can serve a Section 8 notice to begin the eviction process.
  • Record Keeping: Both parties should maintain accurate records of all payments made and received to avoid disputes.

Steps for tenants if they fall into arrears:

  • Contact the Landlord immediately: It is always better to be proactive. Explain the situation and try to agree on a repayment plan.
  • Review your contract: Check your tenancy agreement for any clauses regarding late payment interest or procedures.
  • Prioritise rent: Rent is a "priority debt." Failing to pay can result in the loss of your home, so it should be paid before non-essential bills.
  • Seek advice: If you are struggling, contact Citizens Advice or StepChange for free, independent debt and housing support.
  • Document everything: Keep copies of all emails or letters regarding your arrears and any agreements made.

Frequently Asked Questions

1. When do rent arrears officially begin? Arrears begin the moment a payment is missed on the date specified in your tenancy agreement.

2. Can a landlord serve a Section 8 notice immediately? Legally, a landlord can serve a Section 8 notice once the rent is at least one day late (depending on the "ground" used). However, professional landlords will typically send reminders first to try and resolve the issue without going to court.

3. What happens if the arrears continue to grow? If you owe two months of rent (or eight weeks if you pay weekly), the landlord can apply for a "mandatory" possession order. This means a court must generally grant the eviction if the debt is still at that level by the time of the hearing.

4. Can I propose a repayment plan? Yes. Most landlords prefer to receive the money over time rather than go through the expensive and lengthy process of eviction. Ensure any agreed plan is confirmed in writing.

5. What if my Universal Credit or Housing Benefit is delayed? If your benefits are late, you are still legally responsible for the rent arrears. You should inform your landlord immediately if a delay at the DWP is causing the shortfall so they are aware it is a temporary administrative issue.