What are rent arrears?

Rent arrears mean you owe your landlord unpaid rent. It's one of the most common grounds landlords use to seek possession through the courts, and persistent or serious arrears can lead to a mandatory possession order that the court has no discretion to refuse.

If you fall behind on your rent, you're in arrears. This is one of the situations where your landlord has the strongest legal position to seek possession of the property. Under Ground 8 of the Housing Act 1988 (as amended by the Renters' Rights Act), if you owe at least three months' rent at the time the Section 8 notice is served and at the time of the court hearing, the court must grant a possession order; there's no discretion.

For smaller arrears, the landlord can use discretionary grounds (Grounds 10 and 11), where the court can consider whether it's reasonable to grant possession. In many cases, the court may make a suspended possession order, allowing you to stay if you maintain rent payments and clear the arrears over time.

If you're struggling to pay rent, act early. Contact your landlord to discuss the situation, seek advice from Citizens Advice or Shelter, and check whether you're eligible for housing benefit or universal credit housing costs. Ignoring the problem makes it worse and reduces your options.

Frequently asked questions

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How much arrears can lead to eviction?

Under Ground 8, if you owe three or more months' rent at the time the notice is served and at the court hearing, the court must grant possession. For smaller arrears, the court has discretion and can consider your circumstances.
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Can I be evicted immediately for rent arrears?

No, your landlord must serve a Section 8 notice (minimum four weeks for Ground 8), wait for the notice period to expire, then apply to the court. The full process takes weeks or months, giving you time to seek advice and attempt to resolve the situation.
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What if I'm waiting for benefits to be paid?

Inform your landlord in writing and provide evidence that you've applied. Under Ground 8, the court must disregard any arrears that have built up because you haven't yet received universal credit payments you're entitled to. This is a significant protection for tenants in this situation.
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