Rent arrears: what to do if you are behind with your rent
By Sam Kane · Last checked 5 October 2026 · Covers England only
Rent arrears means rent you owe that you have not paid by the date it was due. If you are behind with your rent, act now: talk to your landlord, offer a plan you can keep to, and check what help you can get. Most arrears can be sorted out before anyone goes to court.
This guide covers tenants in England. Some help, such as Breathing Space, also covers Wales.
The short version
- Rent arrears are a priority debt. Pay your rent before other bills, because you could lose your home.
- Talk to your landlord early. Offer a repayment plan you can afford, and put it in writing.
- Keep paying your normal rent if you can, even while you pay off what you owe.
- Check your benefits. Universal Credit or Housing Benefit may help, and your council may give a one-off housing payment.
- A landlord can only evict with a legal reason and a court order. For rent arrears, they must give you at least 4 weeks’ notice.
- The court must evict if you owe 3 months’ rent on the day of the notice and on the day of the hearing. Below that, the court decides what is reasonable.
- Free advice is available, including on the day of a court hearing.
What are rent arrears?
You are in rent arrears as soon as a rent payment is late or short. If your rent of £900 is due on the 1st and you pay £600, you are £300 in arrears.
Why rent arrears are a priority debt
Priority debts are the ones where not paying has the most serious result. Rent is one, because you could lose your home. Council tax is another; see does council tax affect your credit score. If you have several debts, pay your rent first. Credit cards, overdrafts and buy now pay later come lower, even if those lenders contact you more often.
What to do if you are behind with your rent
- Work out exactly what you owe. Ask your landlord or agent for a rent statement. Check it against your bank statements.
- Work out what you can afford. Write down your income and your costs. Our guide to how much rent you can afford shows how. The free budget tools from MoneyHelper and National Debtline can help.
- Keep paying your normal rent if you can. If you cannot pay it all, pay as much as you can.
- Make an offer. Write to your landlord. Offer to pay your normal rent plus a set amount towards the arrears each month. Include your budget so they can see the offer is real.
- Check what help you can get. See the next section.
- Keep records. Keep copies of letters, emails, texts and payments.
- Get free advice if your landlord says no, or gives you a notice.
A small offer you can keep to is better than a big one you cannot. Once you are back on track, set up a standing order for the day after payday, and check your rent is still affordable after any change in income.
Help with rent arrears
Universal Credit and Housing Benefit
If your income has dropped, check whether you can now get Universal Credit, or more of it. Universal Credit can include money for your rent. If you have reached State Pension age, or live in supported or temporary housing, you may get Housing Benefit instead. Our guide to Housing Benefit and Local Housing Allowance explains how much you may get.
If you get Universal Credit and you are behind with rent, the money for your rent can be paid straight to your landlord. This is called an alternative payment arrangement. You or your landlord can ask for it.
Housing payments from your council
If you get Universal Credit or Housing Benefit and it does not cover your rent, your council may give you extra help. In England these payments were called discretionary housing payments. They are now part of the council’s crisis and resilience fund. They can help with a shortfall in your rent, a rent rise, and in some cases arrears. Each council decides who gets help and how much. Apply to your council.
Breathing Space
Breathing Space is a government scheme in England and Wales. It gives you up to 60 days of protection from the people you owe money to. During that time:
- your landlord cannot give you a notice to take back your home because of rent arrears from before the Breathing Space started
- the people you owe cannot add interest or charges, or contact you about those debts
You must keep paying your rent as it falls due during Breathing Space. You cannot apply yourself. A free debt adviser applies for you, if it is right for you.
Can my landlord evict me for rent arrears?
Yes, but only by following the legal process. Your landlord must give you a section 8 notice that names the legal reason, called a “ground”, and gives you the right notice. If you have not left when the notice ends, your landlord must ask a court for a possession order. Your landlord must never change the locks or force you out without a court order.
There are three grounds for rent arrears:
| Ground | What it means | Notice your landlord must give | Does the court have to evict? |
|---|---|---|---|
| Ground 8 | You owe at least 3 months’ rent (or 13 weeks if you pay weekly) | 4 weeks | Yes, if you still owe that much on the day of the hearing |
| Ground 10 | You owe some rent | 4 weeks | No. The court decides if eviction is reasonable |
| Ground 11 | You have often paid your rent late | 4 weeks | No. The court decides if eviction is reasonable |
These rules apply to notices given on or after 1 May 2026, when the Renters’ Rights Act came into force. Read our guide to the Renters’ Rights Act for the full picture.
Ground 8: the 3-month line
Ground 8 is the most serious. You must owe at least 3 months’ rent both on the day your landlord gives the notice and on the day of the court hearing. If both are true, the court must make a possession order.
So if you pay enough before the hearing to owe less than 3 months’ rent, the court cannot use ground 8. It must then decide whether eviction is reasonable.
If you are behind only because a Universal Credit payment that has already been decided has not reached you yet, that rent is left out when the court counts your arrears for ground 8.
Grounds 10 and 11
For these grounds, the court looks at the whole picture, including whether you are keeping to a plan. A clear offer and a record of payments help your case.
If you rent from a council or housing association
Social landlords should follow a set process before they go to court for arrears: talk to you about your money and benefits, try to agree a plan and suggest advice. If they skip these steps, the court can take that into account.
Can rent arrears affect my credit?
Rent arrears appear on your credit file only if they are reported to a credit reference agency. If your landlord takes you to court for the money and gets a county court judgment (CCJ), that can affect your credit.
- A CCJ stays on the public register for 6 years.
- If you pay the full amount within 1 month, you can ask for it to be removed.
- If you pay later, it is marked as paid but stays for the 6 years.
Lenders can see CCJs, and they can make it harder to borrow. Read rent and your credit file.
Where to get free help
- Shelter: free housing advice online and by phone
- Citizens Advice: free advice on rent, debt and benefits
- National Debtline and StepChange: free debt advice, and they can apply for Breathing Space for you
- MoneyHelper: a free tool to find a debt adviser near you
- Your local council: help with housing payments and if you are at risk of losing your home
- Housing Loss Prevention Advice Service: free legal advice if your landlord takes you to court
Common questions
How much rent arrears before eviction?
There is no minimum for grounds 10 and 11, but the court must decide that eviction is reasonable. Under ground 8, the court must evict if you owe at least 3 months’ rent on the day of the notice and on the day of the hearing.
How much notice must my landlord give for rent arrears?
At least 4 weeks, on a section 8 notice. Your landlord then needs a court order if you have not left.
Do I have to pay rent arrears if I move out?
Yes. The debt does not end when the tenancy ends. Your landlord can take money from your deposit, or go to court to get it back. Agree a plan if you can.
Can my landlord change the locks if I am behind with rent?
No. Your landlord must give you a section 8 notice and get a court order. Only bailiffs can carry out the eviction.
Can I get help to pay rent arrears?
Possibly. Check your Universal Credit or Housing Benefit, and ask your council about a housing payment from its crisis and resilience fund.
Sources
- Shelter, Section 8 notice for rent arrears, updated 13 May 2026
- Shelter, What the Renters’ Rights Act means for rent arrears evictions, March 2026
- Shelter, Assured tenancy discretionary grounds
- Shelter, Housing payments (discretionary housing payments), updated 27 September 2026
- Shelter, Pre-action protocol for possession claims by social landlords
- GOV.UK, Breathing Space
- GOV.UK, Debt Respite Scheme (Breathing Space) guidance for creditors, read 9 October 2026
- GOV.UK, Universal Credit: how you’re paid
- GOV.UK, County court judgments and your credit rating
- National Debtline, Rent arrears in England and Wales
This guide is general information, not legal advice. If your landlord has given you notice, get advice about your own situation.