What to do about rent arrears
Rent arrears are a priority debt because they can lead to losing your home. Talk to your landlord early, get your benefits checked, and keep paying something towards the rent, even if it is not the full amount.
Rent is usually the first thing to protect when money is tight. The rules on eviction for arrears changed in England on 1 May 2026, and many websites still describe the old system. This guide explains where you stand, what help there is, and how rent arrears fit with your other debts.
Are rent arrears a priority debt?
Yes, arrears on the home you live in are a priority debt, because your landlord can go to court to evict you. Deal with them before credit cards, loans and catalogues.
Arrears from a home you have already left are different. The old landlord cannot evict you, so those arrears are treated like other non-priority debts, although the landlord can still take court action for the money.
What should you do first?
- Keep paying what you can. Paying something towards the rent each month shows the landlord and, if it comes to it, the court that you are trying.
- Talk to your landlord. Explain what has happened and offer a realistic amount towards the arrears on top of the rent. Put any agreement in writing.
- Check your benefits. If you are on Universal Credit and 2 months or more behind, your landlord can ask for your housing costs to be paid to them directly and for a deduction towards the arrears. Deductions for rent arrears are capped at 15% of your Universal Credit standard allowance. If you are not claiming, check whether you can.
- Ask your council about emergency help. In England, councils run the Crisis and Resilience Fund, which replaced Discretionary Housing Payments from 1 April 2026.
- Work out a budget. Rent, council tax and energy come first. What is left is what you can offer your other creditors.
How can a landlord evict you for rent arrears in England?
Only through the court. A landlord has to serve the right notice, apply for a possession order and, if you still do not leave, get a warrant before bailiffs can evict you. Do not ignore any court papers: reply by the deadline and go to the hearing.
Private tenants since 1 May 2026
Private landlords can no longer use the “no fault” section 21 process, even if your tenancy agreement says they can. GOV.UK’s overview for tenants covers all the changes. For rent arrears, the main ones are:
| Rule | From 1 May 2026 |
|---|---|
| Mandatory ground (ground 8) | At least 3 months’ rent owed on a monthly tenancy, or 13 weeks’ on a weekly one |
| When the arrears must be owed | Both when the notice is served and on the day of the hearing |
| Notice before court | At least 4 weeks (it was 2) |
| Benefit delays | Rent unpaid only because a benefit award had not yet been paid is ignored |
| Discretionary grounds (10 and 11) | Unchanged: the court decides whether eviction is reasonable |
If the mandatory ground is proved, the court must make a possession order. That is why getting the arrears below the threshold before the hearing matters so much. On the discretionary grounds, the court can take your circumstances and any payment plan into account, and it can suspend a possession order on condition that you pay the rent plus something towards the arrears.
Council and housing association tenants
Social landlords are expected to follow a pre-action protocol before claiming possession for rent arrears. They should contact you to discuss the cause of the arrears, your circumstances and your benefits, and try to agree affordable payments. If you keep to an agreement, the landlord should postpone going to court for as long as you do. If a landlord unreasonably fails to follow the protocol, the court can adjourn or, except on a mandatory ground, dismiss the claim.
What about Wales, Scotland and Northern Ireland?
- Wales has its own system of occupation contracts under the Renting Homes (Wales) Act 2016. Shelter Cymru can explain the notice rules for arrears.
- Scotland: for a private residential tenancy, a landlord can use the rent arrears ground after 3 months in a row of arrears, with 28 days’ notice, and must try to agree a payment plan first. The First-tier Tribunal decides whether eviction is reasonable, and considers whether the arrears are due to a benefit delay.
- Northern Ireland has separate tenancy law. Housing Rights can help.
Can Breathing Space stop eviction for rent arrears?
It can pause it. In England and Wales, while a Breathing Space covers your rent arrears, your landlord cannot serve a notice for those arrears, start a possession claim based on them, or take steps to evict you for them. You must keep paying your current rent, and the landlord can still act on other grounds. A standard breathing space lasts up to 60 days, so use it to agree a plan.
Not sure which option fits? Answer a few questions and we can point you in the right direction. It takes about 3 minutes, and it is free and confidential.
Can rent arrears go into an IVA, DRO or bankruptcy?
This is where rent arrears are different from most debts. A debt solution can deal with the money, but it does not remove the landlord’s right to seek possession of your home.
- IVA. National Debtline says you cannot include rent arrears in an IVA unless your landlord agrees, which is unlikely. StepChange says arrears from an old tenancy may be included, but including current arrears could put you at risk of eviction. In practice, current arrears are usually paid separately, alongside the IVA, with an amount for them built into your budget. Can you rent a home with an IVA? covers the rest.
- Debt relief order. Rent arrears can be listed in a DRO, and the landlord cannot sue you for that money. But the landlord can still ask the court for possession, and the court can only suspend a possession order on terms of paying current rent and costs, not the listed arrears. Citizens Advice says you may need to keep paying the arrears after the DRO is made if you want to stay in your home.
- Bankruptcy. The same applies: the landlord cannot recover arrears included in the bankruptcy, but bankruptcy does not stop the landlord getting possession.
Some tenancy agreements say the landlord can end the tenancy if you become insolvent, so check yours before you decide. IVAs and DROs are available in England, Wales and Northern Ireland; in Scotland, see debt solutions in Scotland. To compare the options, see IVA or debt relief order?.
What to do next
- Contact your landlord this week, offer what you can afford towards the arrears on top of the rent, and get any agreement in writing.
- If you have a notice or court papers, get advice straight away from Shelter, Citizens Advice or your council’s housing team. Do not leave your home just because you have been given a notice.
- Get free, impartial debt advice from MoneyHelper, StepChange, Citizens Advice or National Debtline. An adviser can check your benefits, start a Breathing Space and look at your other debts: see where to get free debt advice.
For council tax, energy and other bills, see types of debt. If you use our checker, we may pass your details to a licensed insolvency practitioner or debt adviser.
Common questions
How many months of rent arrears before a landlord can evict me in England?
For a private tenancy, the mandatory ground needs at least 3 months of rent (13 weeks for a weekly tenancy) owed both when the notice is served and at the hearing. A landlord can also use discretionary grounds for smaller arrears, where the court decides if eviction is reasonable.
Can my landlord evict me without going to court?
No. In England a landlord must get a possession order from the court and then a warrant before bailiffs can evict you. A landlord who forces you out without following the proper procedure may be guilty of illegal eviction or harassment.
Are rent arrears from an old tenancy a priority?
Not in the same way. Once you have left, the old landlord cannot evict you, so the arrears become an ordinary debt. It can still take court action to recover the money.
Will Universal Credit pay my rent straight to my landlord?
It can. If you are 2 months or more behind, your landlord can ask for your housing costs to be paid to them directly and for a deduction towards the arrears.
Related guides
- Can you rent a home with an IVA? Staying in your current tenancy, rent arrears, passing referencing for a new home, and moving.
- Breathing Space: pausing creditors while you get advice Up to 60 days of protection from creditors while you get advice, or longer in a mental health crisis.
- Debt relief orders: who qualifies and how they work A free 12-month order that writes off debts for people with low income and few assets.
- Council tax arrears: what happens and what to do How councils recover arrears in each part of the UK, and how council tax fits with your other debts.