Can I Evict a Tenant Who Doesn't Pay Rent UK?
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Yes, you can evict a tenant for rent arrears using Section 8 of the Housing Act 1988. Ground 8 (mandatory) requires at least 2 months' arrears at both notice service AND court hearing — increasing to 3 months from 1 May 2026 under the Renters' Rights Act. Ground 10 (discretionary) can be used for any arrears amount.
Rent arrears are frustrating, but you do have legal options. Here's the process.
Can I evict for rent arrears?
Yes. Section 8 provides specific grounds for rent arrears eviction. The main grounds are Ground 8 (mandatory — 2+ months currently, 3+ months from 1 May 2026) and Ground 10 (discretionary, any amount).
Which Section 8 grounds apply to rent arrears?
Three grounds cover rent arrears: Ground 8 (serious arrears - mandatory), Ground 10 (some arrears - discretionary), and Ground 11 (persistent late payment - discretionary).
| Ground | Requirement (before 1 May 2026) | Requirement (from 1 May 2026) | Type |
|---|---|---|---|
| Ground 8 | 2+ months at notice AND hearing | 3+ months at notice AND hearing | Mandatory |
| Ground 10 | Any rent owing at notice, some at hearing | Any rent owing at notice, some at hearing | Discretionary |
| Ground 11 | Persistent late payment pattern | Persistent late payment pattern | Discretionary |
How much arrears do I need for Ground 8?
Currently (before 1 May 2026): at least 2 months' rent for monthly tenancies (8 weeks for weekly). From 1 May 2026: at least 3 months' rent (13 weeks for weekly). This must be owed at BOTH when you serve the notice AND at the court hearing on the actual hearing day—if arrears fall below the threshold before court, Ground 8 fails.
This hearing-day requirement is particularly important with the higher 3-month threshold. With 2-3 months typically passing between serving notice and the court hearing, a tenant who makes partial payments could reduce arrears below 3 months in that time, defeating Ground 8 even if you served notice correctly. Always include Grounds 10 and 11 on the same notice as backup.
What's the process for evicting for arrears?
- Document the arrears - Keep accurate rent records
- Serve Section 8 notice - Use Form 3, cite Grounds 8, 10, and 11
- Wait for notice period - 2 weeks minimum
- Apply to court - If tenant doesn't pay or leave
- Attend hearing - Present evidence of arrears
- Enforce possession order - Bailiff if needed
How long does rent arrears eviction take?
Typically 4-6 months from serving notice to gaining possession. This includes 2-week notice period, 6-8 weeks for court hearing, and potentially 4-6 weeks for bailiff enforcement.
Frequently asked questions
Should I try to communicate first?
Yes. Many arrears situations can be resolved without court. Contact the tenant, understand their situation, and consider a payment plan. But document everything in case you need to proceed. Under the Renters' Rights Act, judges may scrutinise whether you made reasonable efforts to resolve the arrears before proceeding — good records of communication protect you.
When does the 3-month threshold apply?
From 1 May 2026. Cases where you serve the Section 8 notice before 1 May 2026 may be governed by the 2-month threshold depending on when the hearing takes place. If you are near that transition date, seek legal advice on which rules apply to your specific case.
What if the tenant pays the rent down before the court hearing?
If arrears fall below the Ground 8 threshold on the day of the hearing (3 months from 1 May 2026), Ground 8 fails and the judge cannot grant mandatory possession on that ground. This is why Grounds 10 and 11 must always be included on the Section 8 notice — they give the judge discretion to grant possession even with lower arrears, based on the overall circumstances and payment history.
Can I claim unpaid rent back?
Yes, you can claim rent arrears as part of your possession claim using Form N119. The court can order the tenant to pay what's owed. This is separate from the possession claim itself — you can pursue both simultaneously.
Does the Renters' Rights Act change anything else for rent arrears evictions?
The primary change affecting Ground 8 is the threshold increase from 2 months to 3 months. Grounds 10 and 11 remain in place as discretionary grounds. Section 21 (no-fault eviction) is abolished from the same date, making Section 8 rent arrears grounds more important than ever as the primary eviction route for non-paying tenants.
Managing this yourself?
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LandlordOS tip
Always cite Grounds 8, 10, AND 11 together on your Section 8 notice. From 1 May 2026, Ground 8 alone is even riskier — the higher 3-month threshold gives tenants more room to pay down before the hearing and defeat the mandatory ground. Having Grounds 10 and 11 on the same notice means you retain options even if Ground 8 fails on the day. You cannot add grounds after the notice is served.