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Guides › Rent and Deposits › Rent Arrears and a Possession Notice: What Happens

Rent Arrears and A Possession Notice: What Happens

If you fall behind with rent, your landlord can serve a section 8 notice. Under the government guide, the mandatory arrears ground applies at 3 months' arrears and needs 4 weeks' notice, and any arrears can be used as a discretionary ground. Your landlord still needs a court order to remove you. Get advice early.

Rules checked against the official sources listed below General information, not legal advice

At A Glance

3 monthsarrears for the mandatory ground
4 weeksnotice for arrears grounds
Court orderneeded to remove you

Your Rights

What the rules say, with a link to the official source for each.

Arrears Grounds

  • Notice and Thresholds

    Ground 8 (mandatory) needs at least 3 months' arrears, or 13 weeks if paid weekly or fortnightly, with 4 weeks' notice. Ground 10 (any arrears) and Ground 11 (persistent late payment) are discretionary and also need 4 weeks' notice. The mandatory threshold rose from 2 to 3 months. source

  • Roadmap

    Possession grounds were reformed from 1 May 2026, with extended grounds for serious persistent rent arrears. source

Before Court

  • Court

    Landlords cannot remove you by force. After the notice period ends they can apply to court for a possession order and you can explain at a hearing why you disagree. Free advice is available through the Housing Loss Prevention Advice Service, before court and on the hearing day. source

  • Rent and Repairs

    Rent should continue to be paid while repairs are awaited, and the official HHSRS guide advises against withholding rent because of disrepair, as it may put you at risk of eviction. source

Time Limits to Know

Miss a deadline and you can lose a right. Check the dates on your own paperwork.

  • 4 weeks
    Notice for arrears groundsPer the government guide to the Act

Steps to Take

Step 1 of 5

Do not ignore the notice: reply and engage with the landlord.

Step 2 of 5

Get free debt and housing advice straight away.

Step 3 of 5

Check your rent record and any housing benefit or Universal Credit housing element payments.

Step 4 of 5

Ask the council about help with housing costs.

Step 5 of 5

Go to the court hearing and take your evidence.

(Tap the numbers to reveal steps)

Where to Go If It Is Not Put Right

Your options, in order, and when each one applies.

Shelter England

Free advice on deposit claims and eviction notices.

Citizens Advice

Free advice on any renting problem.

Your Local Council

Housing or environmental health team. It can act on landlord breaches.

MoneyHelper

Free, impartial money guidance.

Good to Know

Small things that make your complaint stronger.

If a repair problem is behind the arrears, report the repair in writing but do not stop paying rent.

Scotland, Wales and Northern Ireland have different rules for renting.

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Luke Marley

Lead reviewer

Luke Marley

Founder and Lead Reviewer

Luke founded CPUK in 2026 after seeing how hard it is for ordinary people to get problems with companies put right. He oversees our guides and checks them against official sources.

Research by Katie Burt, Co-founder and Operations Lead (17 years in the care sector, including managing services for vulnerable adults), and the CPUK Research Team. Researched with AI-assisted research tools, then checked and corrected by our team.

Last checked: 14 October 2026. We are not paid by the companies we write about. Adverts never affect our guidance. Read our editorial policy.

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