Rent Arrears: Your Rights and the First Steps Before It Escalates

Rent arrears now sit within a genuinely different legal landscape than even a year ago, following the biggest reform to English tenancy law in over three decades. Here’s what changed, and the practical steps to take if you’re falling behind. This article covers private renting in England - the rules are different in Wales, Scotland and Northern Ireland.

The big change: Section 21 ‘no-fault’ evictions are gone

Under the Renters’ Rights Act 2025, which came into force on 1 May 2026, landlords in England can no longer serve Section 21 ‘no-fault’ eviction notices at all. Existing assured and assured shorthold tenancies in England automatically became Assured Periodic Tenancies on that date (a Section 21 notice served before 1 May 2026 could still lead to court proceedings until 31 July 2026 at the latest), and landlords must now use the Section 8 process, requiring a specific, evidenced legal ground for possession - rent arrears is one of these grounds, but it’s no longer possible for a landlord to evict simply because a fixed term has ended or without giving a reason.

How rent arrears specifically fit into the new Section 8 grounds

Rent arrears remain a valid, and in serious cases mandatory, ground for possession under Section 8 - but landlords must follow the correct legal process, provide the specific evidence required, and always obtain a court order - a notice on its own never ends your tenancy. The mandatory rent arrears ground (Ground 8) now requires at least three months’ rent to be owed (13 weeks if you pay weekly or fortnightly), up from two months, both when the notice is served and at the court hearing - and the landlord must give four weeks’ notice rather than two. Arrears caused solely by a Universal Credit housing payment that hasn’t yet been paid don’t count. This gives tenants in arrears considerably more procedural protection and time than existed before the reform, though it does not remove the underlying obligation to pay rent that’s owed.

Why acting immediately still matters, despite stronger protections

The new process gives you more procedural rights, but rent arrears still ultimately need to be addressed - stronger tenant protections change the legal route to eviction, not the underlying debt itself, and arrears continue to accrue and compound the longer they’re left unaddressed. Engaging early remains the single most effective thing you can do, regardless of the legal reforms.

First steps if you’re falling behind on rent

• Contact your landlord or letting agent immediately, explaining your situation honestly - this mirrors the approach that works well with mortgage lenders (see our dedicated article on discussing a payment break) and is generally viewed far more favourably than silence.
• Check whether you’re eligible for Housing Benefit or the housing element of Universal Credit if your income has genuinely fallen - and if you already receive either, ask your local council about a Discretionary Housing Payment to cover a shortfall. These can help close a gap without taking on further debt.
• Prioritise rent alongside other ‘priority debts’ like council tax (see our dedicated article on council tax arrears) - losing your home carries more severe consequences than most unsecured debts, so rent arrears should generally be addressed before lower-priority debts, even if the amounts owed are smaller - unlike, say, student loan repayments, which flex automatically with your income rather than demanding a fixed monthly sum.
• Keep records of all communication with your landlord or agent, including any agreed repayment plan, in writing.

What happens if arrears continue

If a landlord pursues possession through Section 8 on rent arrears grounds, this generally requires a formal notice period followed by court proceedings if the tenant doesn’t leave or the arrears aren’t resolved - courts have discretion in many rent arrears cases (though if at least three months’ rent is owed both when the notice is served and at the hearing, the mandatory Ground 8 applies and the court must grant possession - so paying the arrears below that level before the hearing makes a real difference), and tenants have the right to make their case, including proposing a repayment plan, during this process.

Getting help before it reaches court

• Shelter and Citizens Advice offer free, specific advice on tenancy rights and the arrears process, including help understanding notices you’ve received and what your options are at each stage.
• StepChange and National Debtline can help build a wider debt repayment plan if rent arrears are part of a broader financial difficulty.
• Local council homelessness prevention teams can sometimes intervene directly, including negotiating with landlords or pointing you towards Discretionary Housing Payments, and are worth contacting well before any court hearing rather than only once eviction feels imminent.

The bottom line

The Renters’ Rights Act’s abolition of Section 21 gives tenants considerably stronger procedural protections against eviction, including for rent arrears cases - but it doesn’t remove the underlying debt or the ultimate possibility of possession proceedings if arrears aren’t addressed. Contacting your landlord and seeking free advice as early as possible remains the most effective response, regardless of the legal reforms.