Editor’s note: Originally published in August 2022 and updated to reflect changes under the Renters’ Rights Act 2025, in force from 1 May 2026.

A Landlord’s Rent Arrears Case: Over £35,000 Owed

We have recently represented a Landlord in rather long and protracted possession proceedings. Not only were the tenants extremely difficult, but throughout the pandemic they had accumulated arrears in excess of £35,000!

The Landlord was frustrated at the process and fed up with the significant arrears. The Landlord was unable to get any response from the tenants, so instructed us to deal with his case.

Section 8 Notices for Rent Arrears: Then and Now Under the Renters’ Rights Act

In the midst of the pandemic, the first issue for the Landlord was the longer notice period for the Section 8 notice, which was followed by long delays from the courts due to the backlog created during the pandemic. 

The temporary pandemic notice periods have since ended. From 1 May 2026, the mandatory rent arrears ground (Ground 8) requires at least three months’ arrears (previously two), outstanding both when the notice is served and at the hearing, with a four-week notice period.

Negotiating a Settlement with the Tenant

Following our instruction, we communicated with the tenant and established that she was living in the property on her own with her children - the other tenant (her partner) had vacated. The tenant agreed to vacate the property and offered £5,000 to settle the matter. Although the amount offered was a lot less than the amount owed, the Landlord was relieved to be getting his property back.

Avoiding an Unlawful Eviction Claim

The female tenant vacated the property as agreed. However, we then received communication from the previously absent tenant to say he needed access to the property, and should the Landlord not provide this, he would bring a claim for unlawful eviction.

Unlawful eviction claims pose a significant risk to landlords, who must carefully establish that they have vacant possession before changing the locks and taking back possession of the property. To avoid any risk of a claim against the landlord, which would be a costly exercise, we advised the Landlord to allow access and continue to the hearing (already listed) to obtain possession and a money judgment for the balance of the rent arrears.

Securing a Possession Order and Money Judgment

On the day of the hearing, the tenant attended and argued that he intended to defend the claim. The court adjourned the matter to give the tenant a chance to file and serve a fully particularised defence – another delaying tactic on the part of this tenant. No defence was however received, so we urgently requested that the matter be listed for a possession hearing.

At the possession hearing we were able to secure a money judgment for the full arrears, a daily rate for rent until the eviction went ahead, interest, possession in 14 days, an order that the deposit be released back to the Landlord in full, and the Landlord’s full legal costs. This was a fantastic result following a rather long wait for the Landlord.

Lessons for Landlords Dealing with Rent Arrears

Despite the outcome being in the Landlord’s favour, much can still be learned from this case.

• Referencing: Referencing tenants, and in particular checking to ensure their ability to afford the monthly rent, separately is crucial. Under the Renters’ Rights Act, the amount of rent landlords can take in advance is now limited, making thorough referencing even more important.

• Settlement: At Woodstock, we are proactive in assessing opportunities to settle claims throughout. In cases such as this where arrears are significant, we look to avoid costs incurred in the litigation process where possible.

• Unlawful Eviction: Landlords should always seek advice from a legally qualified professional to ensure they can take possession of their property without risk of a claim against them. Since 1 May 2026, local authorities can also impose civil penalties of up to £40,000 for unlawful eviction.

• Acting Early on Arrears: Section 21 “no-fault” notices were abolished on 1 May 2026, so Section 8 is now the route for rent arrears cases. A new mandatory ground (Ground 8A) also applies where a tenant has been in at least two months’ arrears on three or more occasions in the past three years.

Enforcing a Money Judgment to Recover Rent Arrears

The next step for this Landlord was to explore the options for enforcement of the money judgment to recover the sums due if the tenant failed to pay the sums to our client as ordered by the court. The baton was passed to our fantastic debt recovery team, who looked at all avenues available and considered the best method to get the money back in our client’s pockets.

This may have seemed a daunting task, but the Landlord had 6 years to enforce the debt without needing the court’s permission, and there were several options available to recover the money over that period of time. After six years, permission from the court is usually required, and interest can no longer be recovered, so prompt action is advisable.