A tenant has stopped paying: what to do first, nation by nation

Written for portfolio landlords, letting and managing agents, HMO operators and short-let operators in England, Wales, Scotland and Northern Ireland.

The short version

1. Log arrears on day 1, check the deposit.Tell any rent guarantee insurer within its time limit. In England, if the deposit was never protected, fix that before serving anything.
2. Gather proof and build the arrears schedule.Proof you gave the gas record, EPC and electrical report. Then each rent due, each payment and the running balance.
3. Use the right ground for the nation.Each nation has its own rules. In England, below Ground 8's threshold, use Grounds 10 and 11. A solicitor confirms the notice.

When rent stops, the instinct is to serve notice straight away. Arrears cases usually go wrong on a step taken out of order: a deposit never protected, a gas record never given, or a ground relied on before the arrears reach its threshold. Each UK nation has its own route, so start with where the property is.

First, whatever the nation

1. Log it on day 1.Rent guarantee cover pays only if arrears were notified within the policy's limit, the tenant was referenced to the policy standard, and the deposit and notice rules were met.
2. Check the deposit.In England, if the deposit was never protected, fix that before you claim: protect it late and serve the prescribed information, or repay it (statutory anti-social behaviour cases aside). Fixing it does not remove the separate exposure of 1 to 3 times the deposit: for example, £1,500 to £4,500 on a £1,500 deposit.
3. Gather the service evidence.Proof that the gas record, EPC and electrical report were given to the tenant goes into the notice bundle.
4. Build the arrears schedule.Each rent due, each payment and the running balance, by date.

England: use the ground that fits the arrears

Ground 8 has a threshold of at least 3 months' rent (for example £3,600 at £1,200 pcm), unpaid both when the notice is served and at the hearing, leaving out arrears due only to unpaid Universal Credit housing costs. A tenant who pays below it before the hearing defeats Ground 8. Grounds 10 and 11 need 4 weeks' notice and give you a route while the arrears sit below the threshold, so serve them, and add Ground 8 only when it is met. As of Oct 2026.

• The notice is the current Form 3A, with the tenancy start date and each ground with particulars.
• The notice period and earliest proceedings date for each ground.
• The arrears schedule.
• The deposit certificate and prescribed information, with proof of service.
• Gas, EPC and electrical report service evidence, and a certificate of service.

In that example the arrears are below the £3,600 threshold at service, so Ground 8 alone fails, while Grounds 10 and 11 still give a route to possession.

Wales, Scotland and Northern Ireland

• Wales: serious rent arrears means at least 2 months' rent unpaid on a monthly contract, with 14 days' notice, and the claim goes to the county court. As of Oct 2026.
• Scotland: a Notice to Leave on the rent arrears ground needs 28 days' notice, then an application to the First-tier Tribunal. Every ground is discretionary, so even 4 months' arrears (for example £4,400 at £1,100) needs evidence of the payment-plan steps you offered first, because the tribunal must still find eviction reasonable. As of Oct 2026.
• Northern Ireland: a notice to quit of at least 4 weeks if the tenancy has lasted 1 year or less, 8 weeks for more than 1 year up to 10 years, and 12 weeks beyond that, then a court order if the tenant stays. Longer periods are enacted but not yet in force. As of Oct 2026.

Never take possession yourself

Whatever the nation, a tenant who stays leaves only through the legal route: a possession claim in court in England, the county court in Wales, the First-tier Tribunal in Scotland and a court order in Northern Ireland. Never change the locks or remove the tenant's belongings to get them out, however long the arrears have run.

When the tenant leaves owing rent or damage

Rent arrears can be claimed from the deposit if the tenancy agreement allows it. For damage, scheme adjudication is free and evidence-based, and you carry the burden of proving each deduction. What wins is a check-in inventory signed or accepted by the tenant with dated photos, a check-out report in the same format, invoices or quotes, and an allowance for age and fair wear and tear. New for old is refused.

Asked in Greymill

Ask it about your own business

Paste this into Greymill with your own figures, and Contracts & Disputes works it through for your business.

More for property management and rentals in the UK

• Our renewal commission has gone: how do we replace it?Since 1 May 2026 English tenancies have no fixed term to renew, so renewal-based fees may stop and the gap has to be priced openly to landlords.Read the lesson
• My fixed rate ends next year: will the rent still cover the mortgage?A buy-to-let refinance can double the interest bill and has to pass the lender's rent cover test, so plan it months ahead inside a 13-week cash view.Read the lesson
• Section 24 is eating my rental profit: should the properties go into a company?Individual landlords get only a basic-rate credit for mortgage interest, but moving a portfolio into a company can cost more up front than it saves in decades.Read the lesson
• Is every property legal to let? Certificates, alarms, Right to Rent and HMO licencesCostly lettings mistakes are often a missed certificate, check or licence, so run one compliance tracker per property and clear the move-in items first.Read the lesson
• Our tenancy and management agreements were written for fixed termsSince 1 May 2026 several clauses English agreements still carry have no effect and some break the Tenant Fees Act, so check the paperwork before you sign or rely on it.Read the lesson
• Paying negotiators on commission without falling below the minimum wageLow basic pay plus commission can fail the minimum wage in a quiet month, and renewal-based commission has to be retired properly now renewals have gone.Read the lesson
• Winning landlords when there are no renewals left to sellLandlords now buy compliance, lawful arrears handling and evidenced rent reviews, and every advert you run for them has to meet consumer law.Read the lesson

Open the interactive lesson · Every property management and rentals lesson · What Greymill knows about the trade