What happens if you fall behind on your rent

Rent is one of the biggest monthly costs for many households. A missed payment can feel terrifying, especially when you hear stories about eviction. The reality is more structured than many people think. Your landlord cannot lawfully lock you out overnight, but rent arrears are a priority debt and can lead to you losing your home if you ignore them.

This guide focuses on private tenants in England and Wales. Rules in Scotland and Northern Ireland are different and you should use separate advice for those nations.

Is rent really a priority debt

Debt charities and government backed guidance class rent as a priority debt. National Debtline explains that priority debts are ones where the consequences of non payment are very serious, such as losing your home, and it lists rent alongside mortgage, council tax and energy arrears. StepChange and Citizens Advice use the same approach, and MoneyHelper includes rent and mortgage in its list of priority debts that should be tackled before unsecured credit like credit cards or overdrafts.

Because the consequences can include eviction, rent almost always sits at the top of any debt action plan.

Are many private tenants struggling with rent

Recent research shows that financial pressure on private tenants is widespread. A YouGov poll for the housing charity Shelter found that nearly two thirds of working private tenants in England said they struggled to pay their rent, with only about one third saying they could keep up without difficulty. The same coverage highlighted that private rents in England have risen much faster than wages for many people, which increases the risk of arrears.

This does not excuse non payment, but it explains why organisations like Shelter and Citizens Advice see rent arrears as a major and growing problem.

What happens first when you miss a payment

Guidance from Shelter England and Citizens Advice describes a broadly similar first stage:

1. Missed instalment
   If you miss an instalment, you go into rent arrears. Shelter advises that you cannot be forced to move out straight away just because you are behind. Your landlord must follow the legal process if they want you to leave.

2. Reminder and contact from the landlord
   Many landlords will contact you by text, email or letter to ask why the rent is late. Shelter and Citizens Advice both encourage you to respond quickly, explain what has happened and try to agree a temporary arrangement rather than ignoring messages.

3. Chance to make an offer
   Citizens Advice suggests working out a simple budget and then offering to pay your normal rent plus an affordable extra amount each month towards the arrears. Paying what you have offered, even if the landlord has not agreed in writing yet, can help show you are acting in good faith.

If you take these steps early, you may be able to avoid formal eviction action.

What is a section 8 notice for rent arrears

For most private tenants with an assured shorthold tenancy in England and Wales, the main eviction route for rent arrears is a section 8 notice under the Housing Act.

GOV.UK explains that if you are in arrears, a landlord who wants to evict you for rent arrears normally serves a section 8 notice. For many assured and assured shorthold tenancies this must give at least two weeks notice when the reason is serious arrears.

Citizens Advice and Shelter explain that:

• A section 8 notice is the first formal step in the eviction process, not the eviction itself.
• The notice must state the legal grounds the landlord is relying on. For rent arrears this is often ground 8, sometimes alongside other grounds.
• Ground 8 is a mandatory ground if the arrears are at least two months for monthly tenancies, eight weeks for weekly tenancies, or three months worth for quarterly or yearly tenancies at both the date of the notice and the date of the court hearing.

If you reduce the arrears below this level before the court hearing, the landlord can no longer rely on mandatory ground 8, and the court has more discretion about whether to make a possession order.

Sources: Citizens Advice guidance on section 8 notices for private tenants and Shelter England pages on rent arrears in private tenancies.

Can my landlord just change the locks

No. Citizens Advice, Shelter and GOV.UK all stress that a landlord cannot lawfully evict you without a court order and, if needed, bailiffs or enforcement officers. If your landlord changes the locks, removes your belongings or physically forces you to leave without a court order, this is likely to be an illegal eviction and harassment, which is a criminal offence.

GOV.UK guidance on private renting and evictions explains that landlords in England must follow a set eviction process. For most tenants that means:

1. Serving a valid notice (for example a section 8 notice for arrears).
2. Applying to court for a possession order if you do not leave.
3. Using court appointed bailiffs or enforcement agents to carry out the eviction if you still do not leave after a possession order has been made.

You do not have to move out just because you have been sent a section 8 notice, but you should seek advice as soon as you receive one.

What happens in court for rent arrears

If your landlord applies to the county court for possession because of arrears, Citizens Advice explains that:

• The court will write to you with details of the claim and a hearing date.
• You can send a defence form explaining your situation, for example if the arrears figure is wrong or you disagree with the reasons given.
• At the hearing a judge can make different types of order, such as:
  • outright possession, which sets a date when you must leave
  • suspended or postponed possession, which lets you stay as long as you keep to an agreed payment plan
  • in some cases, no order, if the landlord has not followed the rules or if it is not reasonable to evict on the grounds used

Shelter notes that if you have reduced your arrears and have a realistic proposal to clear the rest, the court can sometimes decide to suspend possession so long as you maintain payments.

Whether you win or lose, the court can also make a money judgment for the arrears, which means the landlord can still pursue the debt even after you leave.

Can the council or benefits system help with rent arrears

There is a limited but important set of help schemes:

1. Check benefits and Universal Credit

MoneyHelper and Citizens Advice both advise checking whether you are getting all the benefits you are entitled to. This can include Housing Benefit for some tenants, or the housing costs element of Universal Credit. Benefit calculators on charity and government backed sites can help you check this quickly.

2. Discretionary Housing Payments

If your Housing Benefit or Universal Credit housing costs do not cover your full rent, you may be able to apply for a Discretionary Housing Payment (DHP) from your local council.

• GOV.UK explains that DHPs are extra payments that councils can choose to make to people who already receive Housing Benefit or the housing element of Universal Credit and who need further help with housing costs.
• The national DHP guidance manual states that DHPs can help with shortfalls between rent and benefit, and in some cases with deposits, rent in advance and, where conditions are met, some rent arrears.
• Shelter England and several local councils confirm that DHPs can sometimes be used to clear or reduce arrears, especially where rent has not been fully covered by benefits and the tenancy can be kept affordable in future.

Each council sets its own scheme and budget, so DHPs are not guaranteed. You apply through your local council and they decide how much to pay and for how long.

3. Direct payments from benefits

Citizens Advice notes that in some cases it is possible to arrange for rent arrears to be paid direct from certain benefits at source, which can reassure landlords and help you keep on top of payments. This is sometimes called third party deductions.

What if I simply cannot afford this tenancy any more

If your income has fallen permanently and even with benefit checks and DHPs you cannot see a way to afford the rent, it may be safer to plan a managed move than to wait for eviction.

Shelter suggests:

• Speaking to your landlord about whether they would accept you moving out at an agreed date and writing off some arrears, sometimes called a negotiated surrender.
• Contacting the housing options or homelessness team at your local council as early as possible. Councils in England have duties to prevent homelessness for eligible people who are at risk, which can include help with deposits, negotiation with landlords or in some cases assistance into alternative housing.

However, you should never move out without somewhere else to go based on a verbal promise alone. Always get agreements in writing and take advice from an independent housing adviser.

What should I do first if I am already behind on my rent

If you are already in arrears, charities and official guidance suggest a practical order of steps:

1. Do not ignore the problem
   Open letters and emails. Check exactly how much you owe and for which periods. Make sure the landlord is not trying to make you pay arrears from a previous tenant.

2. Talk to your landlord early
   Contact them before they start formal action if you can. Explain what has changed and ask for time to pay. Many landlords prefer a realistic plan to an empty property and legal costs.

3. Make a simple budget
   Use a budgeting tool from MoneyHelper, National Debtline or a similar service to work out what you can afford towards rent and arrears once essential bills are covered.

4. Contact a housing or debt adviser
   Shelter, Citizens Advice and local advice agencies can help you check your rights, benefits and options. They can also check whether any notice you have been given is valid.

5. Check support like DHPs and local welfare schemes
   Ask your council about Discretionary Housing Payments and any local hardship schemes that can help with rent or deposits.

6. Keep paying something
   Even if you cannot afford the full amount, paying what you have offered shows the court that you are taking responsibility, which can influence what kind of order the judge makes.

Key points to remember

• Rent is a priority debt because serious arrears can lead to eviction.
• Your landlord cannot lawfully evict you without serving the correct notice, getting a court order and, if needed, using court bailiffs.
• A section 8 notice for rent arrears is the start of a legal process, not an eviction by itself.
• Keeping arrears below two months where possible can limit the use of mandatory ground 8, which gives the court more discretion.
• There is practical help available, including benefits checks, Discretionary Housing Payments and free debt and housing advice.
• Acting early and engaging with both your landlord and an independent adviser gives you a much better chance of keeping your home or at least avoiding a sudden crisis.

References and further reading

• Shelter England – Rent arrears in a private tenancy: https://england.shelter.org.uk/housing_advice/eviction/rent_arrears_private_tenancy
• Shelter England – How to deal with rent arrears: https://england.shelter.org.uk/housing_advice/eviction/how_to_deal_with_rent_arrears
• Citizens Advice – Dealing with rent arrears: https://www.citizensadvice.org.uk/housing/paying-rent/dealing-with-rent-arrears-housing/
• Citizens Advice – You are taken to court for rent arrears: https://www.citizensadvice.org.uk/debt-and-money/rent-arrears/you-are-taken-to-court-for-rent-arrears/
• Citizens Advice – If you get a section 8 eviction notice (England): https://www.citizensadvice.org.uk/housing/eviction/getting-evicted/renting-privately/check-your-section-8-notice/
• GOV.UK – Private renting: rent arrears: https://www.gov.uk/private-renting/rent-arrears
• GOV.UK – Private renting for tenants, evictions in England: https://www.gov.uk/private-renting-evictions
• MoneyHelper – Help with rent arrears and problems paying rent: https://www.moneyhelper.org.uk/en/homes/renting/rent-arrears-problems-paying-your-rent
• GOV.UK – Discretionary Housing Payments guidance and claiming: https://www.gov.uk/government/publications/discretionary-housing-payments-guidance-manual and https://www.gov.uk/government/publications/claiming-discretionary-housing-payments/claiming-discretionary-housing-payments
• Shelter England – Discretionary Housing Payments: https://england.shelter.org.uk/housing_advice/benefits/discretionary_housing_payments_dhp
• Citizens Advice – Get help with renting costs: https://www.citizensadvice.org.uk/housing/paying-rent/get-help-with-renting-costs/
• National Debtline – If you cannot afford your essential costs: https://www.nationaldebtline.org/get-information/summaries/cost-living-if-you-cant-afford-your-essential-costs-s/
• The Guardian – Nearly two thirds of working private renters in England struggle to pay rent: https://www.theguardian.com/society/2024/dec/27/nearly-two-thirds-of-working-private-renters-in-england-struggle-to-pay-rent