Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
Rent arrears remain one of the most common causes of landlord and tenant disputes in England, and the Renters’ Rights Act 2025 has made significant changes to how arrears-based evictions work. The threshold for mandatory possession has been raised, the notice period has been extended, and the dynamics of court hearings have shifted in ways that affect both landlords pursuing possession and tenants trying to keep their home. This article sets out what has changed and what both sides need to know.
The New Arrears Threshold
Under the old rules, Ground 8 of Schedule 2 to the Housing Act 1988, which is the mandatory ground for possession based on rent arrears, required the tenant to be at least two months in arrears at both the date the notice was served and the date of the hearing. The Renters’ Rights Act has raised this threshold to three months, or 13 weeks for weekly tenancies. The principle that the arrears must exist at both dates remains the same.
This change has a practical implication for landlords: the time to intervene when a tenant falls into arrears is when the first payment is missed, not when the legal threshold has been reached. Allowing arrears to accumulate to three months before taking action means the landlord is already in a difficult position. Early communication, a written payment plan, and if appropriate a referral to debt advice services are all more effective and less costly than waiting for the legal threshold to be met.
The Extended Notice Period
The notice period for a Ground 8 notice has been doubled from two weeks to four weeks under the Act. This creates a more meaningful window for tenants in arrears to address their situation before court proceedings become inevitable. Four weeks is sufficient time to seek assistance from Universal Credit or housing benefit, to contact the local council’s housing team, or to approach a debt advice service.
The Discretion Point
One of the more practically important changes in the Act is the explicit discretion given to courts where a tenant reduces their arrears below the three-month threshold before the hearing. Under the old rules, if arrears remained at the mandatory threshold at the hearing date, the court had no choice but to grant possession. Now, if arrears fall below the threshold before the hearing, the court uses its discretion and considers the circumstances. For tenants facing arrears proceedings, this creates a strong incentive to take whatever steps are possible to reduce the debt before the hearing date.
What Tenants in Arrears Should Do
If you are behind on your rent, the most important thing is to act promptly rather than waiting to see what happens. Contact your landlord directly, explain your situation honestly, and explore whether a short-term repayment plan can be agreed. Check whether you are entitled to Universal Credit housing costs or Local Housing Allowance, as your entitlement may have changed. Contact your local council’s housing team at the earliest opportunity, as they have duties under the Homelessness Reduction Act 2017 to assist people threatened with homelessness. Free debt advice is available from Citizens Advice, StepChange, and local money advice services.
What Landlords Cannot Do
Regardless of the level of rent arrears, there are steps a landlord cannot lawfully take. Changing the locks, removing a tenant’s belongings, cutting off utilities, or using harassment or intimidation to pressure a tenant into leaving are all criminal offences under the Protection from Eviction Act 1977. The only lawful route to removing a tenant who will not leave voluntarily is through a court possession order followed, if necessary, by a bailiff’s warrant. Any other approach creates serious criminal and civil liability.
If you are a landlord or tenant in Kent dealing with a rent arrears dispute, please contact our dispute resolution team. We advise both sides and can help you navigate the legal process efficiently.
If you are a landlord or tenant in Kent and need advice on the Renters' Rights Act 2025 or any landlord and tenant matter, Cramp & Mullaney LLP can help. We advise clients across Kent and the South East from our offices in Eastbourne (01323 720581) and Battle (01424 533222), East Sussex. We offer a fixed fee 30-minute initial consultation.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
