How to evict a tenant for rent arrears

The full path from first missed payment to court possession order under the new rules.

Rent arrears is the most common reason for possession proceedings in England. Under the Renters' Rights Act 2025 the rules tightened: Ground 8 now needs 3 months arrears (up from 2) and 4 weeks notice (up from 2).

This guide walks through the realistic steps a small landlord takes from the first missed rent payment to a possession order.

Step 1: Document the first missed payment

Within days of the missed payment, send a written reminder. Email is fine. Keep the record. Update your rent ledger.

Step 2: Communicate while arrears build

Stay in touch. Offer a payment plan. Document everything. If the tenant is on Universal Credit, ask whether housing payments are pending; those amounts are excluded from the arrears calculation.

Step 3: Serve Form 3A when 3 months arrears builds up

Cite Grounds 8, 10 and 11 together. This gives you a mandatory route (Ground 8) plus discretionary fallbacks (10, 11) if arrears change before the hearing.

Step 4: Wait the notice period

4 weeks from service. If the tenant clears arrears below 3 months in this window, your mandatory route falls away. The discretionary grounds remain.

Step 5: File a possession claim

If the tenant has not left and arrears persist, file a claim with the County Court. Bring the rent ledger, the Form 3A and proof of service, the tenancy agreement, deposit protection records, and any correspondence.

Common mistakes

  • Failing to protect the deposit blocks the mandatory ground.
  • Citing only Ground 8 leaves you with nothing if arrears drop at the hearing.
  • Poor record keeping. Judges expect a clear, dated history.

Source: gov.uk Guide to the Renters' Rights Act 2025. Last verified 2026-05-09. This page is informational, not legal advice. For complex disputes, consult a solicitor.