How to Deal with Rent Arrears Before Eviction

Step 1: Contact tenant as soon as rent is late

Don't wait for arrears to build up. As soon as the rent due date passes without payment, reach out. A quick phone call or message often resolves the issue—sometimes tenants simply forgot or had a bank glitch.

Step 2: Understand reason for arrears

Ask what's happened. Different causes need different responses:

• Temporary issue (job loss, illness): Payment plan may help
• Benefit delays: Work with tenant, contact council
• Dispute with you: Address the complaint
• Deliberate non-payment: May need formal action

Understanding the cause helps you choose the right approach.

Step 3: Propose a repayment plan if appropriate

If the tenant wants to stay and has a realistic plan, consider a repayment agreement. Typical plans add a fixed amount to each month's rent until arrears are cleared.

Example: £500 arrears, £50 extra per month = cleared in 10 months.

Be realistic—a plan the tenant can't afford will fail.

Step 4: Put agreement in writing

Any repayment plan should be documented. Include:

• Current arrears amount
• Monthly payment going forward (rent + arrears contribution)
• Payment dates
• What happens if they miss a payment

Both parties sign. This isn't legally binding as a contract, but it shows intent and provides evidence.

Step 5: Send formal arrears letter if no response

If the tenant doesn't respond to informal contact, send a formal letter. State the amount owed, demand payment, and explain consequences of non-payment. Keep the tone professional.

This creates a paper trail showing you tried to resolve matters before escalating.

Step 6: Keep records of all communication

Document everything: calls (note date, time, what was discussed), texts, emails, letters. If you end up in court, this evidence shows you acted reasonably and gave the tenant chances to resolve the situation.

Step 7: Assess if Section 8 is appropriate

Consider eviction when:

• Tenant won't communicate
• Payment plan has failed
• Arrears are significant (2+ months)
• No realistic prospect of payment

Eviction costs money and time. Only proceed if you're confident there's no alternative.

Step 8: Serve Section 8 notice if no resolution

If all else fails, serve Section 8 notice citing Grounds 8, 10, and 11. This doesn't mean you're committed to court—it starts the formal process while leaving room for the tenant to resolve matters.

Many tenants take action when they receive a formal notice.

Step 9: Continue accepting partial payments

Accepting partial rent doesn't waive your right to proceed with eviction. Keep taking whatever payments are offered while pursuing the formal process. It reduces your losses and shows the court you acted reasonably.