Rent Arrears & Tenancy Breach Notices UK (2026)

Overview

Rent arrears arise when a tenant fails to pay the rent due under their tenancy agreement, whether that is a full month missed, a partial payment, or a pattern of persistent lateness. A breach of tenancy covers any other failure to comply with the terms of the agreement: unauthorised subletting, keeping pets where prohibited, causing damage beyond fair wear and tear, anti-social behaviour, or using the property for something other than a home.

For most residential lettings in England, the tenancy will be an assured shorthold tenancy (AST), which sets out the routes a landlord can take to address these problems. The main tools are written notices under the Housing Act 1988, followed, if needed, by an application to the county court for a possession order.

The right notice depends on the type of tenancy, what the tenant has done, and what outcome you want. Serving the wrong one, or getting the form or notice period wrong, can invalidate the whole process and force you to start again.

Key steps

1. Open a conversation early. As soon as a payment is missed or a breach comes to light, contact the tenant in writing and keep the tone measured. Ask what has happened, whether there is a short-term problem, and whether a payment plan is realistic. Many arrears cases resolve at this stage, and a documented attempt to engage helps you later if the matter reaches court.
2. Send a formal arrears letter or breach notice. If informal contact does not resolve things, issue a written notice setting out the amount owed or the breach identified, what you expect the tenant to do, and by when. This is not yet a statutory notice seeking possession, but it creates a clear paper trail and gives the tenant a fair chance to put things right before you escalate.
3. Serve the correct statutory notice. Where arrears or breaches persist, a section 8 notice under the Housing Act 1988 lets you rely on specific grounds (ground 8 for serious rent arrears is the main one). A section 21 notice is a separate no-fault route to end an AST after the fixed term. The form, notice period, and supporting conditions must all be right, so double-check before serving.
4. Apply for a possession order. If the tenant does not leave or remedy the breach within the notice period, you can apply to the county court for a possession order. The accelerated procedure may be available for valid section 21 claims without a rent claim, while section 8 claims usually need a hearing. Fees apply, so check gov.uk for current amounts.
5. Enforce through county court bailiffs or High Court enforcement. A possession order does not physically remove the tenant. If they still do not leave, you apply for a warrant of possession so bailiffs can carry out the eviction. Only a court-appointed officer can lawfully evict a residential tenant, and trying to remove them yourself risks criminal liability for unlawful eviction.

Common questions