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 changed on 1 May 2026, with new rules now governing when and how landlords can evict tenants under the Renters’ Rights Act 2025.

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, were abolished on 1 May 2026..

Any tenant facing eviction will now be issued with a Section 8 notice only, using the new prescribed Form 3A. Section 8 has been significantly amended and expanded under the new legislation to include additional grounds, such as Ground 1A (intention to sell the property) and Ground 1 (landlord or close family member needing to move in), reflecting the abolition of Section 21.

Section 8 is divided into landlord grounds (such as sale or occupation) and tenant fault-based grounds (such as rent arrears, antisocial behaviour, or other breaches of the tenancy agreement). The section outlines various grounds for eviction, and an eviction notice must be based on one or more 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 Section 8 notice (Form 3A) on the tenant stating the grounds upon which they are seeking possession. The notice must include the correct notice period and set out fully the grounds relied upon. Following expiry of the notice period, if the tenant has not left, the landlord can then issue proceedings at court to obtain a possession order. 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 in Section 8 claims.

The abolition of the accelerated possession procedure (which was available for Section 21 claims) means that all possession claims now proceed through the standard process with a hearing. This inevitably means claims take longer, and for landlords the importance of getting these right at the first attempt is 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, may not have been served correctly, or the incorrect form may have been used. The notice must be on Form 3A and must specify the full wording of the grounds relied upon.

A landlord failing to comply with deposit protection requirements will now render a Section 8 notice ineffective. Specifically, the court cannot make a possession order unless the deposit is currently protected in an authorised scheme, the scheme’s initial requirements have been complied with, and the prescribed information has been given to the tenant. The only exception is where possession is sought solely on grounds 7A or 14 (serious antisocial behaviour). This represents a significant change from the pre-May 2026 position, where deposit non-compliance did not invalidate a Section 8 notice.

Additionally, if the landlord is in breach of the new Private Rented Sector (PRS) Database duty (for example, by not being registered), the court cannot make a possession order unless the case is on serious antisocial behaviour grounds.

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. There are now three relevant grounds relating to rent arrears:

• Ground 8 (mandatory): The tenant owes at least three months’ rent (if paid monthly) or 13 weeks’ rent (if paid weekly or fortnightly) both at the date of the notice and at the date of the hearing. This threshold was increased from two months/eight weeks under the previous law.
• Ground 10 (discretionary): The tenant owes any amount of rent.
• Ground 11 (discretionary): The tenant has persistently delayed paying rent.

Importantly, under the new Ground 8, arrears attributable to a delay in receiving Universal Credit payments are to be disregarded when calculating how much rent is unpaid.

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 landlord’s ability to regain possession. If a Section 8 notice would have expired during the breathing space period, the time limit for issuing possession proceedings will be extended by eight weeks from the date the breathing space ends.

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 Renters’ Rights Act closed a loophole which existed under Ground 8 previously: under the old law, a tenant could tactically pay off arrears just before the hearing to defeat a mandatory Ground 8 claim. The increased threshold to three months’ rent makes this more difficult, although tenants can still pay down arrears below the threshold before the hearing date to defeat Ground 8.

The court can still consider a poor payment history when deciding whether to grant a possession order on discretionary grounds.

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 claim 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.

Frequently Asked Questions

What Is the Timeline for Eviction?

The notice period for a Section 8 eviction for rent arrears is now four weeks for Grounds 8, 10 and 11. This was increased from two weeks under the previous law. For “no-fault” grounds such as sale (Ground 1A) or landlord occupation (Ground 1), the notice period is four months. It typically takes between eight and twelve weeks to obtain a possession order after issuing proceedings, 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. The landlord will usually have 21 days to appeal, and should seek legal advice as soon as possible. Time limits in filing appeals are short and strictly applied, so urgent steps and specialist advice are essential.

Need Advice? Contact Helix Law

The expert property litigation team at Helix Law supports landlords in resolving tenancy disputes across the country. We deal with all manner of property disputes and claims, 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 haven’t 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. We are happy to help.