What to Do if Your Tenant Is Not Paying Rent

The cost of living is biting hard, and more tenants are falling behind on rent. A recent YouGov/Shelter poll found that 63% of working private renters in England are struggling to afford rent, with only 32% able to keep up without difficulty. 

Beyond the cost-of-living crisis, this happens for various reasons. People lose jobs, bills stack up, and expensive life events happen. 

Whatever the reason, if your tenant has stopped paying, it’s frustrating, and you have bills to pay, too. No matter, going full Rambo from day one rarely ends well. It's almost always better, for you and them, to start things off amicably and try to work together.

That doesn’t mean you let things slide forever. It means you give the tenant a chance to explain themselves and work with you on a solution. A bit of compassion upfront can go a long way. That said, if things drag out, you may need to take action and even evict the tenant. 

Scroll on for a breakdown of what to do in this situation. We’ll cover everything from first contact through to formal notices and (if it gets to that point) how to get rid of a tenant not paying rent. 

Step-by-Step: What To Do When The Rent Isn’t Coming In 

So, you’ve reached out, maybe even had a conversation. But the rent still isn’t paid, and now it’s two or even three weeks late. Here’s how to escalate things properly, without throwing fuel on the fire.

1. Put it in writing

Even if you’ve spoken to the tenant, always follow up in writing (email works fine). Confirm the rent due and that you’d like it cleared within 7 days. Stay polite but firm. You’re creating a paper trail, which matters if things move toward eviction later.

2. Loop in the guarantor 

If your tenant has a guarantor listed, now’s the time to give them a heads-up. Send a copy of the rent arrears letter and explain what’s happening. Often, that alone can get the rent moving again because the guarantor applies some pressure on the tenant. 

Keep it professional, factual, and include all the same info (dates, amount, missed payments).

3. Offer a payment plan if they’re engaging

Sometimes your tenant genuinely wants to make things right but can’t catch up with the payments in one go. If that’s the case, consider offering a short-term repayment plan. You don’t have to, but if it avoids eviction and an empty property, it might be worth it.

This shows the court (if needed) that you tried to resolve things fairly. 

Legal Steps: When It’s Time to Take Action

If you’ve given it time, sent letters, looped in the guarantor, and maybe even offered a payment plan — but you’re still getting nothing — it’s time to get formal.

Serve a Section 8 notice

This is your go-to legal route when a tenant is in rent arrears and you want to seek possession. You don’t need to wait months, either. You can serve a Section 8 notice as soon as the tenant is two months (or eight weeks) behind on rent. That’s the legal minimum required under Ground 8, one of the mandatory grounds for possession.

• Make sure to use the official Form 3 from GOV.UK
• Include the correct grounds (usually Ground 8 for rent arrears)
• Give at least 2 weeks’ notice before you apply to court
• Keep proof of service. Email, recorded delivery, or hand delivery with a witness is safest

You can also include discretionary grounds like Ground 10 (some rent unpaid at the time of the hearing) or Ground 11 (persistent late payment), but Ground 8 is the one judges can’t ignore. If the rent is two months late on the day of the hearing, you should win possession.

Once the notice period expires, you can apply to the court for a possession order. This isn’t automatic. You’ll likely have a hearing where the judge looks at how much is owed and if you followed the rules (valid notice, protected deposit, EPC, etc.)

If the tenant pays down the arrears before the hearing, and they fall under two months, you might lose under Ground 8. Keeping a clear ledger and a strong paper trail will help your case if this happens. 

Heads-up on the Renters’ Rights Bill: upcoming changes won’t remove Section 8, but they may make evictions a bit trickier with additional tenant protections and the abolition of Section 21 notices. Courts could take tenants’ financial struggles more seriously, extend notice periods, or expect landlords to explore repayment plans or mediation first. The takeaway: stay organised, keep clear records of arrears and communications, and show you’ve acted fairly. It’ll make your case much stronger if it goes to court.

Serving a section 8 is often the last thing you want to do, but it can often be the catalyst for the tenant paying the rent.  

As one landlord on Reddit recalled: 

“Out of nowhere, in December 2024, my tenants did not pay rent. After a couple of chasers from the “arrears” people the estate agent used, they responded via email to say there was a “bank issue” that had been sorted and to allow 5 working days. Form 3/Section 8 was issued. Tenants have now paid the outstanding arrears. It transpired they were communicating with the arrears company (who said they weren’t) and sent evidence of bank issues. All issues resolved going forward.”- R/UKLandlords

Going to Court and What Happens After

If your tenant doesn’t respond to the Section 8 notice and you apply for a possession order, it usually takes a few weeks to get a hearing date. 

Realistically, how long does this process take? All in, you could be looking at a minimum of 3–4 months from the first notice to actually getting the property back. This is made up of a 2-week notice period for Ground 8, 4 - 8 weeks of court processing, and another 4 - 6 weeks for enforcement from bailiffs if the tenant doesn’t leave after the order is made. 

That’s why it’s often worth giving tenants one last chance to vacate voluntarily. It saves you time and a vacant property with no income. If they agree to go (with or without arrears cleared), get it in writing and inspect the property properly before returning the deposit.

Tenant Not Paying Rent: Final Word

Eviction should always be your last option. Though hopefully you now understand how to get rid of a tenant not paying rent, you should also be aware that the process often costs time and stress (which are hard to quantify). 

That said, if you’ve exhausted your options and the arrears keep building, you’re within your rights to act. Just make sure you do it by the book. The court expects everything to be airtight. That’s where staying organised really pays off.

If you’re managing rent manually, it’s easy to lose track. Especially when a tenant stops paying. That’s where Landlord Studio helps. You can:

• Connect bank feeds to catch missed payments
• Log rent and track arrears at a glance
• Snap receipts for expenses
• Generate rent statements to show exactly what’s owed
• Export tidy reports when your solicitor or accountant needs them

It keeps everything in one place, so when things go south, you’re not digging through old emails and spreadsheets.

Create your free account today. A little prep now saves a lot of pain later.