As professional estate agents and legal compliance specialists at London Estate Agency, we understand how stressful and financially draining it can be when a tenant refuses to pay rent.
In 2025, the legal landscape for landlords continues to evolve, with updated procedures and compliance responsibilities.
Below is the definitive guide every landlord needs to navigate this situation and recover their income—legally, efficiently, and with complete protection.
🚨 First Signs of Rent Arrears: What to Do Immediately
The moment a tenant misses a rent payment, timely action is crucial. Under UK law, a tenant is in arrears if they are 14 days late on rent.
However, waiting until legal action becomes necessary could cost you more than acting early.
Steps to Take:
- Review the Tenancy Agreement – Ensure you understand the payment terms and any grace period.
- Send a Friendly Reminder – Sometimes, it’s just an oversight.
- Follow Up with a Formal Letter – After 7 days, send a formal notice outlining the arrears.
- Maintain a Paper Trail – Keep written records of all communications.
✅ Our Tenant Management service handles this entire process on your behalf, ensuring legal compliance and minimal stress.
📝 Serve a Legal Notice: Section 8 or Section 21?
When a tenant fails to pay rent, a formal eviction notice must be served. But which one?
Section 8 Notice – Used when the tenant is at least two months in arrears.
- Requires a minimum 14-day notice period.
- Based on Grounds 8, 10, and 11 of the Housing Act 1988.
- Can be contested by the tenant.
Section 21 Notice – Used for no-fault eviction, such as at the end of a fixed term.
- Must give the tenant at least 2 months’ notice.
- Doesn’t require proof of arrears.
- It can only be used if compliance documents were served properly (EPC, How to Rent Guide, Gas Safety Certificate).
💼 Our Legal Compliance Package ensures every document is in place so your notice stands up in court. We handle everything, from issuing notices to representing you in possession hearings.
⚖️ Initiating Court Proceedings for Possession
If the tenant refuses to leave after the notice period, the next step is applying to the court for a possession order.
Standard Possession Order:
- Applied for online or in person.
- Court fees are £355.
- A hearing is usually scheduled within 6-8 weeks.
- If granted, a Possession Order requires the tenant to vacate the property—usually within 14 days.
Accelerated Possession Order (only for Section 21):
- No court hearing is required if uncontested.
- It is faster, but only if all documentation is in order.
🔐 Let our team at London Estate Agency manage your court applications. We have a proven track record of fast-tracking evictions and compliant filings.
🚪 Bailiff Enforcement: Regaining Possession Physically
If the tenant still doesn’t leave by the possession date, you must apply for a Warrant of Possession.
- This allows County Court Bailiffs to remove the tenant.
- Takes an additional 4–6 weeks.
- Bailiff fees: £130+
🔧 We offer a complete enforcement solution, from bailiff booking to key handover—ensuring you’re back in control quickly.
💰 Can You Recover Unpaid Rent?
Yes, you can. However, separate action is required to reclaim rent arrears.
- Money Claim Online (MCOL) can be used.
- If over £10,000, may go through Small Claims Court.
- You can apply for a County Court Judgment (CCJ).
- CCJs affect tenants’ credit rating for 6 years.
💸 Our Rent Recovery team can assist with tracing the tenant and enforcing CCJs to ensure you receive what you’re owed.
💡 Proactive Services to Prevent Future Arrears
Prevention is better than cure. Here’s how we help landlords avoid rent arrears altogether:
✅ Tenant Referencing & Screening
Comprehensive background checks including:
- Credit score
- Employment verification
- Previous landlord references
✅ Rent Guarantee Insurance
Even if your tenant stops paying, you still receive your rent every month.
✅ In-House Legal Support
We provide ongoing compliance checks and updates to ensure your property is legally protected.
🛡️ Our end-to-end Tenant Screening and rent Protection services offer landlords across London peace of mind and financial security.
🗣️ Common Questions Landlords Ask About Rent Arrears
❓ Can I change the locks if the tenant doesn’t pay rent?
No. This is a criminal offence under the Protection from Eviction Act 1977.
❓ How long does the eviction process take in 2025?
Anywhere between 8 to 20 weeks, depending on whether the tenant contests the notice and court scheduling.
❓ What if the tenant is claiming Universal Credit?
We can request that the rent be paid directly to you. However, if arrears persist, legal action remains an option.
❓ Do I need a solicitor?
Not necessarily. Our experienced in-house team offers the same legal support, saving you money and time.
📈 Why Choose London Estate Agency?
- In-House Legal Experts: We eliminate the need for costly solicitors.
- Rent Protection Services: Get paid even when your tenant doesn’t.
- Comprehensive Tenant Vetting: Reduce the risk of problem tenants.
- Fast, Compliant Evictions: We manage every step.
- Cash Buyer Network: If you’re done renting, we can sell your property quickly at market value.
We don’t just manage properties—we protect your income, rights, and peace of mind.
