Rent Arrears: How the UK Eviction Process Works and When It Can Begin

When a tenant falls behind on rent in England, the law sets out a structured process that a landlord must follow before an eviction can take place. No landlord can simply change the locks or remove a tenant without a court order. The process involves specific notice periods, defined arrears thresholds, court hearings, and — if necessary — bailiff enforcement.

The primary legislation governing this area is the Housing Act 1988, specifically Section 8 and Schedule 2, which set out the grounds on which a landlord can seek a possession order for rent arrears. On or after 1 May 2026, per published government preparedness guidance, the Renters' Rights Act 2025 (which received Royal Assent on 27 October 2025) is expected to introduce significant changes to these rules in England, including higher arrears thresholds and longer notice periods. The Act's measures are commenced by secondary legislation, and implementation dates should be confirmed against the latest government guidance.

This guide covers the current system and the incoming changes as described in published guidance. Scotland and Northern Ireland operate entirely separate tenancy and eviction systems and are not covered here. Wales now operates primarily under the Renting Homes (Wales) Act 2016 (in force since December 2022), which replaced the Housing Act 1988 framework for most Welsh tenancies. The Section 8 process described in this guide applies to England; it may still apply to some legacy tenancy arrangements in Wales, but the Welsh system is not covered in detail here.

A landlord in England cannot evict a tenant for rent arrears without following a formal legal process. That process has several stages: serving a written notice, applying to the county court, attending a hearing, and — if the tenant still does not leave — applying for a bailiff warrant.

Under the current rules, the shortest possible notice period for rent arrears grounds is two weeks. On or after 1 May 2026 in England (per published government guidance), this is expected to increase to four weeks.

At court, there are two types of outcome depending on the ground used. If the landlord proves the arrears meet the mandatory threshold (Ground 8), the court must grant a possession order. If the landlord relies on discretionary grounds (Grounds 10 or 11), the court decides whether it is reasonable to order possession.

According to Ministry of Justice statistics for Q3 2025, the median time from a landlord issuing a possession claim to a court order being made was 7.6 weeks. The median time from claim to repossession by bailiffs was 46.1 weeks.

The rent arrears eviction process in England operates through Section 8 of the Housing Act 1988. Section 8 allows a landlord to seek possession of a property by proving one or more specified "grounds" listed in Schedule 2 of the Act. Three grounds are particularly relevant to rent arrears.

Ground 8 is a mandatory ground. This means that if the landlord proves the arrears meet the required threshold at both the date the notice was served and the date of the court hearing, the court has no discretion — it must order possession. Under the current rules, the threshold for monthly tenancies is two months' rent unpaid. For weekly or fortnightly tenancies, it is eight weeks' rent unpaid. For quarterly tenancies, the threshold is one quarter's rent more than three months in arrears, and for yearly tenancies, three months' rent more than three months in arrears.

Ground 10 is a discretionary ground. It applies where any amount of rent lawfully due is unpaid both at the date the notice is served and at the date court proceedings are commenced. There is no minimum arrears amount. Because it is discretionary, the court decides whether it is reasonable to grant possession.

Ground 11 is also discretionary. It applies where the tenant has persistently delayed paying rent, regardless of whether any arrears exist at the time of the hearing. A pattern of late payment is the relevant consideration.

Landlords commonly cite all three grounds together in the same possession claim. This approach means that even if the tenant reduces their arrears below the Ground 8 threshold before the hearing, the landlord may still pursue the claim under the discretionary grounds.

Arrears Thresholds for Ground 8

The following thresholds represent the amount of rent that must be unpaid for the mandatory ground to apply. These amounts must be owed at both the date the Section 8 notice is served and at the date of the court hearing.

Current thresholds (until 1 May 2026):

• Weekly or fortnightly tenancies: 8 weeks' rent unpaid
• Monthly tenancies: 2 months' rent unpaid
• Quarterly tenancies: one quarter's rent more than 3 months in arrears
• Yearly tenancies: 3 months' rent more than 3 months in arrears

New thresholds expected to apply on or after 1 May 2026 in England (per published government guidance):

• Weekly or fortnightly tenancies: 13 weeks' rent unpaid
• Monthly tenancies: 3 months' rent unpaid

Notice Periods

Under the current rules, the notice period for Grounds 8, 10, and 11 is two weeks. On or after 1 May 2026 in England (per published government guidance), this is expected to increase to four weeks. The notice must be served using the prescribed Form 3 (the Section 8 notice), specifying which ground or grounds the landlord is relying on. For many grounds, proceedings must be started within 12 months of service of the notice, though time limits may vary by ground.

The Process Step by Step

The eviction process follows a defined sequence. No stage can be skipped.

Stage 1 — Pre-action requirements (social landlords only). In most cases, social landlords (local authorities and housing associations) must follow the Pre-Action Protocol for Possession Claims by Social Landlords before issuing court proceedings. This protocol requires the landlord to contact the tenant to discuss the arrears as soon as reasonably possible, attempt to agree an affordable repayment plan, provide quarterly rent statements, assist with benefit claims, and consider alternative dispute resolution. There is no fixed timeframe for this stage. This protocol does not apply to private landlords.

Stage 2 — Serve the Section 8 notice. The landlord serves a Section 8 notice (Form 3) on the tenant, specifying the ground(s) relied upon and giving the correct notice period. The landlord should retain proof of service. The notice period is currently two weeks for rent arrears grounds and is expected to increase to four weeks on or after 1 May 2026 in England (per published government guidance).

Stage 3 — Apply to the county court. If the tenant does not leave after the notice period expires, the landlord may apply to the county court for a possession order. This is done using Form N5 and Form N119, or through the Possession Claim Online (PCOL) service. The court fee for this application is currently £404 (set from April 2025; fees can change). Fee remission may be available for those on qualifying benefits or a low income.

Stage 4 — Court hearing. The case is listed for a hearing before a judge, who considers the evidence. If Ground 8 is proven (the mandatory threshold is met at both dates), the court must grant possession. For Grounds 10 and 11, the court exercises discretion. The judge may dismiss the claim, adjourn it, or make a possession order. A possession order typically takes effect after 14 days; the court may extend this to a maximum of six weeks in cases of exceptional hardship. According to Ministry of Justice statistics for Q3 2025, the median time from possession claim to order was 7.6 weeks, down slightly from 7.9 weeks in Q2 2025.

Stage 5 — Warrant for possession. If the tenant still does not leave after the possession order takes effect, the landlord may apply for a warrant of possession using Form N325 or through PCOL. The court fee for this is currently £148 (set from April 2025; fees can change). County court bailiffs then carry out the eviction. A warrant can be applied for up to six years after a possession order is made. Waiting times for bailiff enforcement vary significantly by region; some London courts have reported waiting times of eight months or more. The median time from possession claim to repossession by bailiffs was 46.1 weeks in Q3 2025.

Key Statistics (Q3 2025)

According to Ministry of Justice possession statistics for July to September 2025, 23,327 landlord possession claims were issued in that quarter across England and Wales (MoJ statistics cover courts in both jurisdictions). This was down 8% from 25,402 in Q3 2024.

"The landlord can evict me immediately if I owe rent."

This is not how the system works. A landlord must follow the full legal process — notice, court application, hearing, and (if needed) bailiff warrant. No stage can be bypassed, and only a county court bailiff acting on a warrant can lawfully carry out an eviction.

"Once I receive a Section 8 notice, I have to leave."

A Section 8 notice is the start of the process, not the end. It informs the tenant of the landlord's intention to seek possession and the grounds being relied upon. The tenant is not required to leave the property at this stage. If the tenant does not leave voluntarily, the landlord must apply to the court.

"Ground 8 means automatic eviction."

Ground 8 is mandatory in the sense that the court must grant possession if the threshold is proven. However, the arrears must meet the threshold at two separate points in time — when the notice was served and when the court hearing takes place. If the arrears fall below the threshold at either date, Ground 8 is not established.

"Paying off some of the arrears won't help."

Reducing arrears below the Ground 8 threshold before the court hearing will defeat the mandatory ground. However, the landlord may still pursue the case under discretionary grounds (Grounds 10 or 11), and the court will then decide whether it is reasonable to grant possession.

"Section 21 and Section 8 are the same thing."

They are different. Section 21 is a "no-fault" eviction mechanism that does not require the landlord to prove a specific ground. Section 8 requires the landlord to establish a ground listed in Schedule 2 of the Housing Act 1988. From 1 May 2026 in England (per published government guidance), Section 21 no-fault eviction notices are expected to be abolished. After that date, all evictions will require a Section 8 ground.

Universal Credit housing element disregard (expected from 1 May 2026)

According to GOV.UK's "Guide to the Renters' Rights Act" (published November 2025), on or after 1 May 2026 in England, arrears caused by non-payment of Universal Credit (where the tenant was entitled to the housing element) are expected to be excluded from Ground 8 threshold calculations. This means that if a tenant's arrears only reach the mandatory threshold because of delays or failures in Universal Credit payments, Ground 8 could not be used. The landlord may still pursue discretionary grounds (Grounds 10 or 11) in such circumstances.

Defeating Ground 8 before the hearing

Because the mandatory ground requires the threshold to be met at the date of the hearing as well as the date of notice, a tenant who reduces their arrears below the threshold before the hearing will defeat Ground 8. This is precisely why landlords commonly cite the discretionary grounds alongside Ground 8.

The "protected period" for certain grounds (expected from 1 May 2026)

Under the Renters' Rights Act 2025, per published government guidance, new grounds for landlord occupation (Ground 1) and sale (Ground 1A) are not expected to be available during the first 12 months of a tenancy. This protected period does not apply to rent arrears grounds (Grounds 8, 10, and 11), which can be used at any point during a tenancy provided the relevant thresholds are met.

Breathing space moratorium

Under the Debt Respite Scheme (Breathing Space Moratorium) Regulations 2020, certain enforcement actions relating to qualifying debts are restricted during a standard breathing space or mental health crisis moratorium. Whether specific possession actions (such as serving a Section 8 notice, issuing a claim, or applying for a warrant) are restricted depends on whether the action is treated as enforcement of a qualifying debt. The impact on any particular case may vary depending on the circumstances and the nature of the debt.

Abolition of Section 21 (expected from 1 May 2026)

Per published government guidance, on or after 1 May 2026 in England, Section 21 no-fault eviction notices are expected to be abolished. Existing assured shorthold tenancies will convert to assured periodic tenancies. All possession claims would then need to be made under Section 8 using a specified ground.

Scotland and Northern Ireland

Scotland operates an entirely different tenancy system under the Private Housing (Tenancies) (Scotland) Act 2016, with different arrears procedures and thresholds. Northern Ireland also has separate procedures. Nothing in this guide applies to those jurisdictions.

Wales

Housing is a devolved matter. Wales now operates primarily under the Renting Homes (Wales) Act 2016 (in force since December 2022), which replaced the Housing Act 1988 framework for most Welsh tenancies. The Section 8 process described in this guide applies to England; some legacy tenancy arrangements in Wales may still fall under the Housing Act 1988, but the Welsh system is not covered in this guide.

The rent arrears possession process in England is structured and sequential. It involves defined notice periods, specific arrears thresholds, court proceedings, and enforcement stages, each with its own timeframe and requirements.

For the mandatory ground (Ground 8), the dual-date requirement is a central feature of the system. Arrears must exist at the level specified by the threshold at the point the notice is served and again at the point the court hears the case. This creates a window during which changes in the arrears position directly affect the outcome of the mandatory ground.

The discretionary grounds (Grounds 10 and 11) operate differently. Ground 10 has no minimum arrears amount — any lawfully due rent that remains unpaid can be relevant. Ground 11 focuses on a pattern of persistent late payment rather than a specific arrears level. In both cases, the court weighs whether it is reasonable to order possession rather than being required to do so.

In terms of timing, the official statistics indicate that the overall process is measured in months rather than days or weeks. The median time from claim to order was 7.6 weeks in Q3 2025, and the median from claim to repossession was 46.1 weeks. These are median figures; individual cases may be faster or slower depending on circumstances, the court's schedule, and regional bailiff waiting times.

On or after 1 May 2026 (per published government guidance), the Renters' Rights Act 2025 is expected to raise the Ground 8 thresholds in England (from 2 months to 3 months for monthly tenancies, and from 8 weeks to 13 weeks for weekly/fortnightly tenancies), extend the notice period from 2 weeks to 4 weeks, and — according to GOV.UK's "Guide to the Renters' Rights Act" — introduce a Universal Credit housing element disregard. The expected abolition of Section 21 would mean that Section 8 becomes the sole route for possession proceedings.

• Eviction for rent arrears in England is a structured legal process governed by the Housing Act 1988. No landlord can evict a tenant without a court order and, if necessary, a bailiff warrant.
• Ground 8 is mandatory: if the arrears threshold is met at both the notice date and the hearing date, the court must order possession. Ground 10 (any unpaid rent) and Ground 11 (persistent late payment) are discretionary, meaning the court decides whether possession is reasonable.
• The current Ground 8 threshold for monthly tenancies is two months' rent. On or after 1 May 2026 in England (per published government guidance), this is expected to rise to three months.
• Arrears must exist at two dates: both at the date the Section 8 notice is served and at the date of the court hearing. If arrears fall below the threshold before the hearing, the mandatory ground is not established.
• On or after 1 May 2026 (per published government guidance), the Renters' Rights Act 2025 is expected to raise thresholds, increase notice periods from two to four weeks, introduce a Universal Credit housing element disregard (per GOV.UK guidance), and abolish Section 21 no-fault evictions in England.
• According to Q3 2025 Ministry of Justice statistics, the median time from possession claim to court order was 7.6 weeks and from claim to repossession was 46.1 weeks.
• Scotland and Northern Ireland operate under separate legislation and procedures. Wales now operates primarily under the Renting Homes (Wales) Act 2016 (in force since December 2022). This guide covers England.