If you have a tenant refusing to pay rent, it can be incredibly stressful and frustrating. On the 1st May 2026 the rules changed, but you can help the situation be resolved smoothly.
Here’s what to do in the first 48 hours, how to serve notice and what not to do, so that you can make sure everything is fair, legal and evidenced.
This applies to England only. Wales and Scotland each have their own rules and legislation for tenants refusing to pay rent.
Key takeaways
- Contact your tenant the day rent is late, politely, then confirm in writing. There’s no statutory grace period in England.
- Never change locks or cut off services. That’s a criminal offence.
- Tenants have no general right to stop paying, though in a few cases they can withhold some of the payment, or rent can be reduced to cover repair costs if the tenant has had to pay upfront.
- Section 21 is gone. To end the tenancy you’ll need three months’ arrears – 13 weeks if rent is weekly or fortnightly – and at least four weeks’ notice on the official government form.
- Check your deposit is protected in a government backed scheme before you serve, as this is a legal requirement. Without it a court can’t grant you possession of the property for unpaid rent.
Contents
Your first 48 hours
- Check the account. Confirm the rent payment has definitely not been paid.
- Call them. If your tenant has always been reliable, there may be a genuine reason, such as a bank error or financial trouble they are embarrassed about.
- Email the same day. This acts as evidence should the issue go to court.
- Contact the guarantor. If your tenant has a guarantor, you can ask that they pay the outstanding rent.
- Check your landlord insurance. Unpaid rent is not usually a standard protection, so it’s something you need to add as an extra with your insurance provider.
If your tenant is struggling financially rather than refusing to pay, a payment plan may be a better option than court.
What to do next
If there is no response from your tenant, or they refuse to pay and you believe they do not have good reason, it’s time to start thinking about court proceedings and ending a tenancy. It might be tempting to further contact or place restrictions on your tenant, but that won’t help you when it comes to court.
Consider a negotiated surrender – agreeing in writing with your tenant to end the tenancy early. It’s often faster and cheaper than court, but take advice before raising it to avoid any legal mishaps.
What not to do
- Don’t turn up unannounced – you need 24 hours’ written notice.
- Don’t change locks, remove belongings, or cut off gas, water or electricity. That’s illegal eviction under the Protection from Eviction Act 1977.
- Don’t send late-night texts – keep to reasonable office hours. Anything you write may be read out in court.
- Don’t take arrears from the deposit mid-tenancy. Deduct at the end.
- Don’t serve a Section 21. It no longer exists.
When a tenant can legally stop paying
A tenant can only legally stop paying when they’ve agreed it with you or followed the set-off procedure, which means that in some circumstances, rent can be withheld to cover the cost of repairs, should the tenant have to pay for those themselves.
Before a tenant can lawfully deduct anything, they must have:
- written to you reporting the repair and given you reasonable time to act;
- written again allowing you a further reasonable period, warning they’ll arrange the work themselves;
- obtained at least two estimates from reputable contractors;
- written a third time enclosing those estimates and giving you a final period to act;
- had the work done by the best-value contractor, then sent you the invoice and asked you to pay it.
Ending a tenancy
If you want to end a tenancy because of unpaid rent, you’ll need to serve a section 8 notice of seeking possession. This doesn’t evict anyone immediately. It’s just a statement of your intent to start court proceedings.
Before you serve, check:
- Arrears are 3 months or 13 weeks if rent is weekly or fortnightly.
- The deposit is protected in a government-approved scheme, otherwise the court can’t grant possession on arrears grounds. (This is a legal requirement.)
- Your figures are correct. State the arrears, the rent due, and the date of the last payment received. Vague notices get struck out.
- Keep evidence of any formal notices you’ve served. If the tenancy agreement says notices have to be delivered in a particular way, follow those requirements and keep proof.
- You must use the official government form. A letter you’ve written yourself isn’t valid.
- You’re giving at least four weeks’ notice.
Getting help
Arrears are far easier to prevent than to resolve.
At Mansons, our tenant find service references every applicant on affordability and payment history, so you can be sure the person moving in can afford to. We also give you peace of mind with a 12-month guarantee on rent and legal costs for eviction.
And landlords on our property management service don’t deal with notices, deadlines or court paperwork themselves – we handle it all for you.
We’ve been letting property in Newcastle for 25 years and we’re happy to talk through your needs – no obligation.
