How Many Months of Rent Arrears Before Eviction in the UK?

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Facing eviction due to rent arrears? Learn how many months of missed rent can lead to eviction and the legal process for landlords and tenants.

How Many Months of Rent Arrears Before Eviction in the UK?

Falling behind on rent is a serious issue that can lead to eviction. However, there is no fixed number of months before a landlord can take legal action. The process depends on the type of tenancy agreement, the amount of arrears, and the eviction notice used.

Key Factors Affecting Eviction for Rent Arrears

  1. The Type of Tenancy Agreement – Most tenants in England & Wales have an Assured Shorthold Tenancy (AST), which determines how eviction is handled.
  2. Amount of Rent Arrears – The eviction process differs if the tenant owes less than two months' rent versus more.
  3. Notice Served by the Landlord – Landlords can use Section 8 or Section 21 notices depending on the situation.

How Long Before Eviction for Rent Arrears?

1. If Rent Arrears Are Less Than Two Months

  • Landlords cannot immediately evict a tenant.
  • They can negotiate repayment or serve a Section 8 Notice if arrears continue.

2. If Rent Arrears Reach Two Months (or 8 Weeks for Weekly Rent Payments)

  • A Section 8 Notice (Ground 8) can be issued, giving the tenant two weeks to pay or leave.
  • If unpaid, the landlord can apply to the court for an eviction order.

3. Eviction Timeline After Serving Notice

  • If rent is unpaid after two weeks, landlords can apply to the court.
  • The court process can take several months, depending on backlog and tenant response.
  • A bailiff eviction may be required, adding 4-6 weeks to the process.

What If a Tenant Can’t Pay Rent?

  • Negotiate a payment plan with the landlord.
  • Seek government help, such as Discretionary Housing Payments or benefits.
  • Get legal advice from Shelter or Citizens Advice.

How Fraser Bond Can Help

At Fraser Bond, we provide expert guidance to landlords and tenants facing rent arrears and eviction. Whether you need help with legal processes or finding new tenants, our team can assist.

Conclusion

A tenant can face eviction after two months of unpaid rent, but the full process takes time. If you're a landlord dealing with rent arrears or a tenant struggling with payments, contact Fraser Bond today for professional support.