Tenant not paying rent? Evidence and timeline behind rent arrears cases

When rental payments stop, as a landlord you can face a whole host of issues. These range from covering mortgage payments and property expenses to uncertainty about when you’ll get your money. But what can you do if your tenant isn’t paying rent?

In this guide, we discuss what to do when a tenant misses a rent payment and the evidence you should collect. We’ll look at how the Renters’ Rights Act 2025 affects rent arrears cases, how long the process can take, and how specialist landlord insurance can help.

What to do when your tenant stops paying rent

If a rental payment is late or hasn’t been paid at all, it can be helpful to:

Check the payment and tenancy agreement

Check your tenancy agreement to confirm the payment due date and amount, and double-check your bank statements to ensure that the payment is definitely outstanding. If the rental payment is missing, calculate the total arrears including any previous missed or partial payments, and check whether the tenant has made a payment that has not yet cleared.

Contact the tenant promptly

Once you’ve established that your tenant hasn’t paid their rent, send them a polite message or email asking whether there’s a problem with the payment. Keep your communication professional and allow the tenant to explain.

You could also discuss a realistic repayment plan with them, and document any agreement in writing. Keep all copies of messages and records of telephone conversations in case they’re required at a later date.

What evidence should landlords collect for rent arrears cases?

If you’re missing a rental payment as a landlord, you may need evidence to establish the amount owed, support a possession claim, and meet your insurer's requirements. Keep the following in a safe place:

• Tenancy agreement: This shows the agreed rent, when it should be paid, and relevant terms

• Rent account or arrears schedule: This confirms due payments, the amount received, the date received, and the outstanding balance

• Bank statements and payment records: These will help to confirm which payments have and haven’t been received

• Communication with the tenant: Emails, letters, texts, and written repayment agreements will show how you’ve tried to resolve the issue

• Formal notices and proof of service: Keep copies of notices, the dates they were served, and evidence of how they were delivered

• Relevant supporting documents: These may include correspondence with a letting agent, solicitor, or insurer

How to prepare an accurate rent arrears schedule

For an accurate rent arrears schedule, include the:

• Rent due date

• Amount of rent due

• Amount paid

• Date paid

• Outstanding balance

If any rent or partial payments arrive, update your records. Keeping the figures consistent across your records and paperwork can help with any legal and insurance claims.

Why evidence matters for insurance

It’s important to check the wording of your insurance policy and contact your insurer as soon as you become concerned about missed rent. Not every insurance policy will cover missing rent and this often does not come as standard.

Some policies have specific notification requirements or conditions that must be met before legal action is taken. You won’t necessarily need every type of supporting document for your claim, but it’s best to keep what you can just in case.

How does the Renters’ Rights Act 2025 affect rent arrears?

In England, the main tenancy reforms under the Renters’ Rights Act 2025 came into force on 1st May 2026. Under these reforms, landlords can no longer use the Section 21 no-fault possession process and must rely on a valid legal ground for possession.

These Renters’ Rights Act reforms only apply in England. Scotland, Wales, and Northern Ireland have separate housing laws and possession procedures.

What’s changed for landlords?

• Possession must be based on a valid ground: Landlords must identify the appropriate ground for possession and follow the relevant notice requirements

• Section 8 notices: For cases covered by the new system, landlords generally use a Section 8 notice, with the prescribed Form 3A

• Evidence is essential: If the tenant doesn’t leave after the notice period, you may have to apply to court

• Correct paperwork matters: An incomplete or incorrectly served notice can delay or undermine a possession claim

• Rent arrears grounds: The legislation includes grounds relating to substantial arrears, any rent arrears, and persistent late payment. The relevant threshold, notice period, and whether the ground is mandatory or discretionary depend on the ground used

Always check the current government guidance before serving a notice, as advice can change.

Does the Act mean landlords can’t recover their property?

Landlords can still seek possession in some cases. However, you must use the correct ground, give the required notice, and obtain a court order where necessary. You shouldn’t try to remove tenants yourself, change the locks, or try to avoid the legal process.

What’s the usual timeline for a rent arrears case?

Unfortunately, there’s no single fixed duration as the length of a rent arrears case depends on the circumstances, the notice requirements, court availability, whether the tenant disputes the claim, and whether enforcement is required. Typically, the case will follow these stages:

1. The first missed payment

As soon as rent becomes overdue, check your bank account, contact your tenant, and begin recording the arrears. If a payment problem is the issue, it’s usually resolved at this stage.

2. Continued arrears and attempts to resolve the issue

Continue to communicate professionally with your tenant, update your arrears schedule, and seek advice. At this stage, contact your insurer if your policy provides relevant cover.

3. Formal notice

Once the relevant legal grounds and notice requirements have been established, you or your legal representative can identify the appropriate ground, prepare the correct notice, and serve it in accordance with the relevant rules.

4. Court application

If your tenant has not left after the notice period, you can apply for a possession order. This may involve paperwork, a hearing, and a decision with timescales depending on court capacity and the circumstances of the claim.

5. Possession order and enforcement

If the court grants possession but the tenant doesn’t leave as required, you may have to take further legal steps to enforce the order. This could potentially involve bailiffs or enforcement officers. This can add further time and expense.

How can specialist insurance help with rent arrears?

The length of rent arrears cases can put financial pressure on landlords, which is why specialist landlord insurance can be helpful. This cover can offer additional financial protection when a tenant doesn’t pay rent, depending on the policy and its terms. Policies may include:

Legal expenses cover

Legal expenses cover may help with eligible legal costs associated with following rent arrears or taking possession proceedings against a tenant. This can help cut the cost of legal assistance.

Cover is subject to the policy wording, limits, exclusions, and any conditions that must be met. It’s important to check whether you must contact your insurer or obtain approval before appointing a solicitor or starting proceedings.

Rent guarantee cover

Rent guarantee cover protects qualifying rental income losses when a tenant doesn’t pay rent.

Depending on the policy, it may also cover eligible lost rent while you take the necessary steps to regain possession. This is useful when mortgage payments and other property expenses must be paid even though rent isn’t coming in. Some policies may also impose payment limits and waiting periods.

Cover varies by provider, so always read your policy wording carefully. It’s also important to understand any tenancy requirements, notify your insurer promptly when rent arrears arise, keep all relevant documentation safe, and follow your insurer’s instructions before seeking legal advice.

How can landlords reduce the risk of future rent arrears?

Unfortunately, you can’t always avoid rent arrears. However, there are some things you can do to ensure you’re in the best possible position if your tenant isn’t paying rent.

• Carry out thorough tenant referencing and affordability checks

• Use a clear, legally compliant tenancy agreement

• Keep rent records up to date and monitor payments

• Make it easy for tenants to raise payment difficulties early

• Understand the landlord insurance options available and check eligibility for rent protection and legal expenses cover

Tenant not paying rent FAQs

What should I do first if my tenant is not paying rent?

Check your rent records, contact the tenant, document the arrears, review the tenancy agreement, and seek advice before taking formal possession action.

Can I evict a tenant for rent arrears under the Renters’ Rights Act 2025?

Landlords in England can seek possession using the relevant legal grounds and procedure. You must serve the correct notice and obtain a court order where required.

How long does it take to recover rent arrears?

This depends on the notice period, the tenant's response, court availability, and whether enforcement is necessary.

Specialist landlord insurance by Schofields

Now you know what to do should your tenants ever stop paying rent, you may want to consider specialist landlord insurance to help provide financial protection for you and your rental property. Get a quote online today.