9 minute read
Key points
- Section 21 has ended, so every possession claim for rent arrears now needs a Section 8 ground, a Form 3A notice and a court order.
- Ground 8 is mandatory only if three months' rent is owed when you serve the notice and again at the hearing, while Grounds 10 and 11 leave the decision to the judge.
- Four weeks' notice applies to Grounds 8, 10 and 11, and the court cannot waive the notice for Ground 8.
- You can ask for a Universal Credit managed payment once arrears reach two months' rent, a month before Ground 8 is available.
- Never change the locks, remove belongings or cut off utilities, because illegal eviction is a crime.
- At North Point a director decides every formal step and a solicitor carries it out.
This guide is for Tameside landlords with houses or house share rooms in Ashton-under-Lyne, Stalybridge, Hyde and nearby, whether you manage the property yourself or use a letting agent. The rules are national, but the examples use rents typical of Tameside. Check the tenancy, deposit and licence before you serve anything.
Can you evict a tenant for rent arrears now?
Yes, but not quickly and never without the court. Since 1 May 2026 almost every private let to an individual is an assured periodic tenancy, and Section 21 has ended. To evict a tenant for rent arrears you need a Section 8 ground, the official Form 3A notice and then a court order.
This is a summary, not legal advice, and it is correct as of 26 October 2026. Possession is a legal process, so take advice before you serve anything on a tenant in Ashton-under-Lyne, Hyde or anywhere else.
What should you do in the first weeks of rent arrears?
Most rent arrears are cheaper to solve early than to take to court. Act on the first missed payment, not the third.
- Check your own records. Confirm the rent due, what has been paid and the date. An error on your side weakens any later claim.
- Contact the tenant that week. Ask what has happened and when they can pay. Use email or text so you keep a record.
- Agree a payment plan in writing. Set out the amounts and dates in a message and ask the tenant to confirm.
- Check for Universal Credit. If the tenant claims it, a managed payment may be possible (see below).
- Keep a running rent statement. You will need it for a managed payment request, for court and for any deposit claim.
- Take advice before month two ends. A solicitor can tell you which ground fits and whether to contact a guarantor.
Keep every message factual. Do not threaten things that are untrue or irrelevant, such as immigration status, criminal action or credit consequences you have invented. That can be a misleading or aggressive practice.
If the room is in a house share
Each room let separately in an HMO is its own assured periodic tenancy. A missed payment is dealt with room by room, using that tenant's own rent record and notice.
Section 8 Ground 8, 10 and 11: which rent arrears ground applies?
Three Section 8 grounds cover rent arrears. Ground 8 is the strongest because the judge must grant possession once it is proved. It is also the easiest to lose.
| Ground | What you must show | Notice | The court's role |
|---|---|---|---|
| Ground 8 | Three months' rent owed (monthly rent) when the notice is served and at the hearing | 4 weeks | Mandatory. The court cannot waive the notice. |
| Ground 10 | Some rent is unpaid | 4 weeks | Discretionary. The judge decides if it is reasonable. |
| Ground 11 | The tenant persistently pays late | 4 weeks | Discretionary. The judge decides. |
Why Ground 8 can fail
- Part payments. If the tenant pays enough to bring the arrears under three months before the hearing, the mandatory ground falls away.
- Universal Credit. Payments the tenant has not yet received are not counted when working out the arrears.
- Rent that is not monthly. The test is written for monthly rent. If rent is paid more often, a solicitor works out the equivalent.
Which grounds go into the notice is a decision for you and a solicitor, not a form-filling exercise.
Worked example: a Ground 8 timeline for £700 a month
Assume a monthly tenancy in Hyde with rent of £700 due on the 1st. The tenant pays October 2026 rent and nothing after that. The dates are examples, and the court sets the real hearing date.
| Date | What happens | Owed if nothing is paid |
|---|---|---|
| 1 November 2026 | November rent missed | £700 |
| 1 December 2026 | Two months missed. A managed payment request is now possible. | £1,400 |
| 1 January 2027 | Three months missed. Ground 8 is now available. | £2,100 |
| 4 January 2027 | Form 3A served by hand with £2,100 owed | £2,100 |
| 1 February 2027 | Four weeks (28 days) have passed. The claim can start after this. | £2,800 |
| April 2027 | Hearing, after the April rent falls due | £4,200 |
If the tenant pays nothing, £4,200 is owed at the hearing (six months at £700). That is well over £2,100, so Ground 8 is met and the judge must grant possession.
Now suppose the tenant pays £2,500 before the hearing. That leaves £1,700 owed (£4,200 less £2,500), which is under £2,100. Ground 8 fails, and possession depends on a discretionary ground that your notice relied on. From the first missed payment to the hearing is about five months, before any enforcement.
How does the court process work for possession?
- Choose the ground with a solicitor. Match it to the facts and evidence you can prove.
- Serve Form 3A. Serve it by hand (with a witness and a dated photo), by first class post (keep proof of posting), or by email only if the tenant agreed to email service in writing. Keep a service record and allow for deemed service days.
- Wait for the notice to end. That is four weeks for the arrears grounds. The claim cannot start sooner.
- Issue the claim and attend the hearing. The court decides and makes an order.
- Enforce if needed. If the tenant stays after the order, you apply for a warrant or writ. You never enforce it yourself.
You can also claim the unpaid rent as a debt through the county court. The claim form must be served within four months of issue, so do not let it sit.
How does a Universal Credit managed payment work?
If your tenant claims Universal Credit, you can ask the Department for Work and Pensions (DWP) to pay the rent to you. The steps are:
- Check the trigger. Arrears of two months' rent or more, or underpayments that reach one month's rent. On £700 rent that is £1,400 or £700.
- Apply online. Use "Apply for a Direct Rent Payment" on GOV.UK. It replaces the old UC47 form.
- Send the right evidence. A rent statement or invoices, not bank statements.
- Allow for the tenant's reply. They have 7 days to object and a further 7 days to provide evidence.
- Wait for the decision. DWP will not tell you why a request was refused, or whether the tenant claims Universal Credit.
Arrears deductions
You can also ask for arrears to be deducted from the tenant's award. Do not refuse or treat applicants worse because they claim benefits: that is rental discrimination, with a penalty of up to £7,000 per breach.
Common mistakes that can sink a rent arrears claim
- An unprotected deposit. Apart from Grounds 7A and 14, you generally cannot get a possession order unless the deposit is protected and the prescribed information was served within 30 days. See our deposit protection guide.
- A missing HMO licence. If the property needs one, it must have one.
- The landlord database. Draft regulations would require registration in the North West from 15 May 2027, but they are not yet in force. See our landlord database guide.
- The wrong form. Use the current Form 3A, not an old notice.
- Relying on the deposit. The cap is five weeks' rent, about £808 on £700 a month (£700 x 12 / 52 x 5). Put arrears in the first deposit claim, because additions after payout fail.
What counts as illegal eviction and harassment?
Evicting a tenant without a court order, or harassing them to leave, is a crime under the Protection from Eviction Act 1977, however much rent is owed.
That includes changing the locks, removing belongings, cutting off gas, electricity or water, making threats and visiting repeatedly without notice. The council can also issue a civil penalty and prosecute. Inspections need 24 hours' written notice.
If the tenant seems to have left
There is no quick abandonment route. The tenancy ends only by notice, a clear surrender or a court order. Give written notice before you dispose of any belongings, and take advice first.
Rent arrears terms in plain English
- Section 8. The part of the Housing Act 1988 that lists the grounds for possession.
- Mandatory ground. The judge must grant possession if the ground is proved.
- Discretionary ground. The judge decides whether possession is reasonable.
- Managed payment. Universal Credit housing costs paid straight to the landlord.
- Warrant or writ. The court's way of enforcing an order if the tenant has not left.
How North Point helps Tameside landlords with rent arrears
With full management we keep the rent record, send factual reminders and keep every message on file. Inventory and check in are included, which gives you evidence if a deposit dispute follows. Full management is 12% of the rent collected, with no VAT and no set-up fee. See our fees or use the fee calculator.
Formal steps are different. A notice or a court claim is decided by a director and done with a solicitor, never automatically. Let only covers finding the tenant, so rent chasing after that stays with you. We manage lets as a letting agent in Ashton-under-Lyne, and also cover Hyde and Stalybridge. If you are unhappy with your current agent, see how to switch.
