For landlords, missed rent payments can quickly become a serious problem.
Mortgage payments, insurance, repairs and other property-related expenses may still need to be paid even when rental income has stopped.
One missed payment may be an oversight. But when arrears begin to accumulate and a tenant stops responding, landlords understandably want to know what action they can take.
The important thing is to approach the situation carefully and follow the correct legal process.
Start by checking the rent account
Before taking formal action, make sure your records are accurate.
Check the tenancy documentation, rent schedule and payments you have received.
Establish exactly how much is outstanding and when each payment became due.
Bank statements, rent schedules and correspondence with the tenant should be retained.
An accurate rent statement can become particularly important if formal possession or debt recovery proceedings are later required.
Contact the tenant
If a tenant misses a payment, communicating early can sometimes prevent the problem from escalating.
There may be a temporary explanation for the missed payment.
Contact the tenant and ask when payment will be made. If an arrangement is agreed, confirm it in writing.
Where possible, keep important communication about arrears in writing so that there is a clear record of what has been discussed.
Should I agree to a payment plan?
Depending on the circumstances, a repayment arrangement may be worth considering.
For example, a tenant may be able to resume their normal rent while paying an additional amount towards the arrears each month.
Whether this is appropriate will depend on the amount outstanding, the tenant’s circumstances and whether you believe the arrangement is realistic.
Any agreement should be clearly documented.
Can I use the deposit to cover unpaid rent?
Landlords should be cautious about simply treating a tenancy deposit as an immediate payment towards rent arrears.
Where a deposit is protected within an approved tenancy deposit scheme, there will be rules governing how it is dealt with.
The tenancy agreement may also contain relevant provisions.
The fact that you hold a deposit does not necessarily remove the need to address continuing rent arrears during the tenancy.
Can I ask the tenant to leave?
Rent arrears may provide a landlord with grounds to seek possession, but you must follow the appropriate legal process.
The private rented sector in England changed significantly in 2026, including the abolition of the previous Section 21 “no-fault” possession procedure.
Landlords generally need to rely upon an applicable possession ground and comply with the relevant notice and procedural requirements.
Which ground is appropriate will depend on the circumstances, including the level and history of the rent arrears.
Can I just change the locks?
No landlord should assume that because rent has not been paid, they can simply remove the tenant themselves.
Changing locks, removing belongings or attempting to force a residential occupier out without following the proper procedure can have serious consequences.
If the tenant does not leave voluntarily following the appropriate process, court proceedings may be required.
Landlords should obtain advice rather than attempting to take possession into their own hands.
Can I recover the unpaid rent as well?
Possession of the property and recovery of the money owed are related but separate issues.
A landlord may want both the property back and payment of the outstanding rent.
The options available will depend upon the circumstances and the procedure being followed.
Before pursuing substantial arrears, it can also be sensible to consider whether the tenant is likely to have the means to satisfy any judgment obtained against them.
Keep detailed records
Good record keeping can make a significant difference if a dispute reaches court.
Keep copies of:
- the tenancy agreement;
- rent statements;
- bank records;
- correspondence with the tenant;
- notices served;
- deposit documentation; and
- any agreements concerning repayment.
Avoid relying solely on telephone conversations where important arrangements are being made.
Act early
Allowing rent arrears to build for months without addressing them can make the situation more difficult for both landlord and tenant.
Early communication may result in a repayment arrangement.
Where that is not possible, obtaining legal advice early can help you understand the possession and debt recovery options available before the arrears become significantly larger.
How Penerley can help
Dealing with a tenant who has stopped paying rent can be financially and practically difficult, particularly when you are unsure which possession procedure applies.
Penerley can advise landlords on rent arrears, possession proceedings, tenancy disputes and related residential property matters.
If your tenant has stopped paying rent and the arrears are increasing, contact Penerley to discuss the appropriate next steps and ensure the correct legal process is followed.
