Tenant Not Paying Rent? Here’s What to Do As A Landlord

You can’t just get rid of a tenant not paying rent in the UK, but you can take action. Before your mind races, find out what your next step should be – and remember that a calm approach can get results. 

You should also check the current rules first, as the Renters’ Rights Act 2025 has changed rent arrears timelines and the actions landlords can take. 

More tenants have fallen into rent arrears over recent years, according to This Is Money. In London, rent now consumes an average 38.9% of tenants’ incomes, a financial pressure which can lead to missed payments. So as a landlord in Southwark, Bermondsey or Lewisham, you’re not alone in facing this challenging situation – it’s a major cost associated with being a landlord. 

Read on to find out what you can do if your tenants are not paying rent on your South London property. 

What to do if a tenant is not paying rent 

Landlords can take legal action if tenants are not pay the rent, however, you must follow the process carefully. 

1 Keep your conduct legal 

Landlords have rights if the tenant isn’t paying rent, but your tenant’s rights still stand so you must follow the law on unpaid rent and evictions. Don’t take risks. Illegal action could derail eviction proceedings later on, or even attract criminal charges. 

Do: 

• Follow every letter of the law 
• Stick to mandated timelines 
• Keep records of correspondence 
• Follow up verbal communication in writing 

Don’t: 

• Let frustration lead to aggressive behaviour 
• Threaten your tenants 
• Change the locks 
• Disconnect the utilities 
• Remove the tenants’ belongings 

2 Understand why the renter is not paying rent 

Speak calmly to the tenants as there may be a legitimate reason for not paying the rent on time. If there’s a genuine cause behind it, you could risk losing good tenants. 

3 Contact tenant about missed payment 

Contact your tenants by phone, text or email. If the tenants are unaware or they have a temporary problem, e.g. a payroll glitch or banking error, they might make the missed payment immediately. If your tenant is receiving housing benefits but not paying, prompt them to find out if they qualify for financial support.  

They may be eligible for the housing element of Universal Credit, or a discretionary Housing Payment from their council. 

4 Formally contact your tenant about arrears 

If you have a tenant not paying rent and not responding, send a formal letter asking for payment according to the rental contract. Also notify the guarantor about the unpaid rent, if there is one. You can use an example letter for ideas, but essentially, set out the facts: 

• Rental arrears are outstanding 
• Future rent payments must be promptly paid 
• How long tenants cannot pay rent before eviction  

The new threshold to evict Ground 8 is 3 months, or 13 weeks if rent is paid weekly or fortnightly. Arrears must still total at least three months when the notice is served, and on the date of any court hearing. 

5 Review your landlord insurance policy 

Some landlord insurance policies cover unpaid rent, meaning you can lessen concerns about lost income from rent arrears. Consult your policy documents or ask your insurer how to claim, and what evidence you will need. You can also contact your deposit protection scheme about claiming the amount at the end of the tenancy. 

6 Follow up with a second letter 

If you have a tenant not paying rent and not responding, and it’s now 14 days since the rent was due, send a second letter. Reiterate the problem and request the missing amount. 

7 Send a final warning letter for arrears 

Send a third and final letter asking for the outstanding rent if it’s not been paid after 21 days. Warn your tenant that otherwise, you will start the eviction process. 

8 Serve a Section 8 notice for rent arrears 

If they’ve missed 3 months’ payments, you have the right to evict a tenant for not paying rent under the Housing Act 1988. The government’s Renters’ Rights Act has abolished Section 21 evictions from 1 May 2026, making Section 8 the only way to seek possession. 

To serve a Section 8 notice for unpaid rent or other breaches of the tenancy agreement. You should: 

• State the broken tenancy agreement clause 
• Issue the tenants with Form 3A available on gov.uk 
• Give the correct amount of notice  

To possess your rental property using Ground 8 (mandatory grounds for eviction), your tenants must be in at least three months’ rent arrears, or 13 weeks if they pay weekly or fortnightly, and you must give them at least four weeks’ notice.  

It’s important to note though, that they must still be in 3 months’ arrears at the time of the court hearing. Discretionary Grounds 10 and 11 are normally cited alongside Ground 8. Ground 10 covers any amount of rent unpaid, and Ground 11 any persistent delays in paying. However, the court can use their discretion to decide whether action is reasonable in the tenants’ case. 

Importantly for landlords facing unpaid rent problems, rent arrears grounds aren’t subject to the standard 12-month protected period during which tenants are safeguarded from eviction. Instead, landlords can apply them from day one of a tenancy.  

However, you must get your own paperwork in order. If the tenant’s deposit was not protected in a government-approved scheme within 30 days, then you may be challenged on the eviction and open yourself up to further problems. 

Step-by-step guide to serving a Section 8 notice 

1. Serve the Section 8 notice. If your tenant stops paying rent, and falls 3 months behind, you can act using Ground 8 for mandatory possession. Serve Form 3A to do this, outlining the tenants’ names, date when you will apply for possession if needed and the grounds you’re relying on.   
2. Notice period expires. You must provide tenants with a 4-week notice period – once this passes, plan your next move. 
3. Apply to court if arrears remain. If the notice period has expired, and there is still unpaid rent from the tenant, you can apply to court. 
4. Attend the hearing. This is your chance to demonstrate your basis for serving the Section 8 notice – and the reason why record-keeping is crucial as you will need evidence. 
5. Possession order. If the tenants still won’t pay rent and won’t leave the property, the court will issue a possession order. The court could also issue a money judgement, to order the tenant to pay rent arrears, court fees and legal costs. 
6. Warrant of possession. If the tenant still won’t leave, seek a warrant of possession to get your property back with the bailiffs’ help. Once your property is vacant, you should consider whether you need to acquire empty property insurance to protect the home. 

What happens if the arrears drop before the court hearing? 

If rent arrears fall below three months before the hearing, then you can no longer rely on Ground 8 to repossess your property. Instead, yan can apply with Grounds 10 (for any rent arrears) and 11 (for persistent arrears), at the court’s discretion. 

Know how to handle a renter not paying rent? 

We will happily answer your questions about your rental property in Rotherhithe, Canary Wharf, Canada Water, New Cross or the surrounding areas of South East London. Contact the team at Oliver Jaques.