Need to Evict a Tenant? Timelines, Common Defences, and What You Can Do About Rent Arrears
Needing to consider an eviction is a very worrying and stressful process for any landlord. The law is changing in May 2026, with new rules governing when and how landlords can evict tenants.
Rent arrears are a clear breach of any tenancy agreement and grounds for a landlord to issue an eviction notice. However, a tenant has several options if they fall into rent arrears, which may delay or prevent a landlord from claiming possession of the property.
This article examines the options available to tenants in the case of rent arrears, the defences to an eviction notice, and how the new Renters’ Rights Act 2025 alters the landscape for landlords.
Our property litigation team act nationally in claims seeking to regain possession of property. If you have any queries regarding your particular situation- don’t hesitate to contact us. Our team are nationally recognised and it is not uncommon for us to be instructed in situations where another firm has failed to regain possession. With a broader specialism in litigation (only), we’re well placed to help.
Navigating Eviction Notices: Landlord and Tenant Grounds
Under the new Renters’ Rights Act 2025, no-fault evictions, the cornerstone of security for landlords under Section 21 of the 1988 Housing Act, are set to disappear from 1st May 2026.
From May, any tenants facing eviction will be issued with only a Section 8 notice. Section 8 has been amended and expanded under the new legislation to allow landlords the right to evict if they want to sell the property or live in it, reflecting the abolition of Section 21 evictions.
Section 8 is divided into landlord evictions and tenant fault-based evictions, such as those resulting from rent arrears or other breaches of contract. The section outlines various grounds for eviction, and an eviction notice must be based on one of these.
Grounds can be mandatory or discretionary. When the court is faced with an eviction based on a mandatory ground, it must order it if the ground is proven and the notice is valid.
Where a discretionary ground is relied upon, the court considers whether it’s reasonable to make a possession order on the evidence before it; whether an order is made at the court’s discretion.
After the claim is issued, the court will provide the tenant with a copy of the claim and a defence form along with directions on what to do next. The tenant can explain why they think it’s not reasonable to order possession on the defence form.
Explaining the Court Process: From Notice to Possession Order
The legal process for evicting tenants for non-payment of rent involves several steps.
First, the landlord must serve a notice on the tenant stating that they’re seeking possession. After 1 May 2026, this will need to be a section 8 notice. Following expiry of the notice, if the tenant has not left, the landlord can then issue proceedings at court to obtain a possession order to evict the tenant. If the notice served was based upon rent arrears, the landlord may also be able to obtain a county court judgment for any outstanding arrears as at the date possession is ordered. There will always be a hearing to determine whether possession is ordered.
Inevitably the above change in process is going to mean that claims take longer, and for landlords the importance of getting these right and winning is going to be critically important.
Tenants can still attempt to reach an agreement with their landlord regarding rent arrears at any time during this process, which can help avoid going to court.
A court can issue suspended or postponed possession orders, which allow tenants to remain in the property if they clear the rent arrears and agree to maintain current rent payments.
Common Defences to Eviction: On What Grounds Can a Tenant Challenge an Eviction Notice
A tenant can challenge an eviction notice if it is not valid in some aspect; it might not include all the required information or may not have been served correctly.
A landlord failing to comply with statutory requirements, like not protecting the tenancy deposit, will also render a Section 8 notice invalid after 1 May 2026. Currently, this does not render a Section 8 notice invalid.
If the notice is valid, then another option open to the tenant may be to issue a counterclaim, which is a legal claim in response to the eviction notice, which could offset the arrears owed and affect the strength of the notice (if served based upon rent arrears).
Counterclaims are sometimes called Part 20 claims because the rules are found in Part 20 of the Civil Procedure Rules (CPR).
A landlord failing to fulfil some of their obligations under the tenancy agreement, such as the property being in poor repair or unfit for habitation, could form the basis of a counterclaim.
A counterclaim can also be based on a landlord’s failure under a statutory duty, such as disability discrimination or harassment.
Managing Rent Arrears: Payment Plans and Rental Assistance
Rent arrears are a ground which you can rely on under Section 8 to serve an eviction notice.
Tenants in arrears may seek advice and offer partial payments, which can sometimes delay or impact a landlord’s ability to obtain possession.
There is a government-backed ‘breathing space’ scheme. If eligible, a tenant can have 60 days during which the landlord cannot contact them about arrears or pursue them legally to pay the arrears. In practical terms this can delay a landlords ability to regain possession.
The tenant will still be obligated to pay their rent. They can only use a breathing space once every twelve months, and they’ll need to speak to a debt adviser.
Tenants can request that rent arrears are paid from their Housing Benefit or the housing costs element of Universal Credit, direct to the landlord. Typically, they’ll need to owe at least eight weeks’ rent to qualify.
The DWP will pay an amount from each benefits payment directly to the landlord to cover the rent arrears based on set percentages and depending on the type of benefit payment. Landlords are often more confident with this type of arrangement, but there is nothing to compensate the landlord for the additional time spent in checking compliance with any agreement later entered into.
Tenants who receive Housing Benefit or Universal Credit may be able to claim a discretionary housing payment (DHP) to help with rent arrears.
If your tenant falls into rent arrears the best advice is that you first speak to them as soon as possible; you may be able to agree on a repayment plan together. Failure to resolve arrears is likely to result in the need to serve a Section 8 notice.
A repayment plan is a good way for a tenant to manage unexpected extra costs. They’ll need to continue paying their usual rent, plus an agreed extra amount each month, to clear the arrears.
The new Renters’ Rights Act closes a loophole, which now means that tenants don’t technically have to be in arrears when the possession claim is heard. This is to stop tenants from tactically paying off back rent just before the hearing. This is obviously positive.
The court can still consider a poor payment history when deciding whether to grant a possession order.
Protecting Your Rights: Accessing Advice and Legal Help
We are always happy to speak with letting agents, landlords and property investors to assess the best approach to any situation.
From a landlord’s perspective, tenants obtaining early legal advice may raise defences or procedural challenges, making it important to ensure that any possession is legally sound and documented.
Whilst there’s always merit in hoping for the best, preparing for the worst is also commercially sensible. That means getting specialist litigation advice early so you know where you stand and what the options look like in your particular circumstances.
Enforcing a Possession Order: What Happens if a Tenant Doesn’t Leave?
If the court has granted a possession order, the tenant must vacate the property by the date specified in the order, typically either 14 or 28 days after the hearing. This can be extended up to 42 days if the tenant would suffer exceptional hardship if possession were ordered earlier.
If the tenant doesn’t leave, the landlord can apply for a Warrant of Possession. This warrant allows bailiffs to visit the property and physically remove the tenant. The court will send the tenant an eviction notice giving a date by which they must leave.
A landlord must complete a risk assessment form as part of the process to instruct a court-appointed bailiff, and the bailiff must give the tenant at least two weeks’ notice of the eviction date.
Frequently Asked Questions
What Is the Timeline for Eviction?
The current notice period for a Section 8 eviction for rent arrears is two weeks. From 1 May 2026, the notice period will increase to 4 weeks. It typically takes between eight and twelve weeks to obtain a possession order, depending on court delays and whether the tenant issues a defence or counterclaim.
Can the Tenant Appeal an Eviction?
A tenant can provide a defence for the court to consider at the hearing, explaining why they don’t think it’s reasonable to order possession. They can also issue a counterclaim if the landlord has breached their legal obligations or statutory duties. A monetary award resulting from a successful counterclaim can be used to reduce rent arrears and may lead to a suspended or postponed possession order.
Tenants can appeal a possession order after it has been made, but appeals are generally confined to addressing errors of law or serious procedural irregularities rather than a rehearing of the facts. Time limits in filing appeals are short and strictly applied, so urgent steps and specialist advice are essential.
The Renters’ Rights Act Reshapes Eviction Law
The new Renters’ Rights Act 2025 introduces sweeping changes for landlords, including the abolition of no-fault evictions under Section 21 and new notice periods for different grounds under Section 8.
Landlords must comply with all legal requirements, including serving a valid Section 8 notice, and ensure there are no breaches of contractual obligations or statutory duties that could invalidate the notice. Given the additional time and costs landlords will incur in the new eviction regime, getting this right at the first attempt is going to be even more critical than has historically been the case.
The expert property litigation team at Helix Law supports landlords in resolving tenancy disputes across the country. We deal wth all manner of property disputes and claim, and have decades of experience in this type of litigation. We have also dealt with a very wide variety of defences and counterclaims from tenants- although we continue to be occasionally surprised, there aren’t many situations we havent seen previously. We’re well placed to assist with navigating the challenges of new possession notices, claims processes and orders. Contact our property litigation team today for informed, practical, and friendly advice.
