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What is Rent arrears?
Last verified 31 October 2026
Rent arrears are rent that is due under the tenancy and has not been paid. In England, since 1 May 2026, a landlord who wants possession for arrears uses a section 8 notice, relying on Ground 8, Ground 10 or Ground 11.
Why it matters to landlords
Ground 8 is mandatory but only once arrears reach at least 3 months' rent for monthly rent, or 13 weeks for weekly or fortnightly rent, both on the day of notice and at the hearing. Ground 10 covers any arrears and Ground 11 persistent late payment, but both are discretionary, so the court decides whether possession is reasonable. Arrears caused by delayed Universal Credit do not count under Ground 8.
Use the Possession Claim Online Service only for rent arrears claims, with the paper process for other grounds. Keep a rent statement showing every payment, date and balance. In Scotland, Ground 12 for a private residential tenancy needs arrears of at least 3 months in a row with 28 days' notice, and the Tribunal considers whether benefit delays caused them.
Example
Maya's tenant pays £1,100 on the first of each month and misses August, September and October 2026. On the day she serves the notice the arrears are £3,300, which is 3 months' rent. She keeps a ledger showing each missed payment and the dates, and checks whether a Universal Credit delay is behind it.
Related terms
- Ground 8 (rent arrears)
- Section 8 notice
- Possession order
- Rent in advance
- Discretionary grounds for possession