Facing Eviction for Rent Arrears? Your Rights and What to Do

What should I do if I get an eviction notice?

Don't ignore it and don't move out straight away. Get free advice to check whether the notice is valid, contact your council, and start dealing with any rent arrears. If you leave before you need to, the council may decide you made yourself "intentionally homeless", which can limit the help you get.

1. Check what kind of notice it is

   Note the date you received it, the date it expires and the reasons (grounds) the landlord gives. Notices must be on the right form and give the right amount of notice — mistakes can make them invalid.

2. Get free housing advice

   Call Shelter on 0808 800 4444 or Citizens Advice on 0800 144 8848 (England). They can check the notice and explain your options.

3. Contact your council's housing team

   Tell them you've been given notice. Councils have a duty to help prevent homelessness if you're likely to become homeless within 56 days — and many will help earlier.

4. Tackle the rent arrears

   Check you're getting all the benefits you're entitled to, ask the council about a Discretionary Housing Payment, and offer your landlord an affordable repayment plan in writing.

5. Keep records

   Keep copies of your tenancy agreement, rent payments, letters and messages, and any repair requests.

The Renters' Rights Act: what's changing for tenants in England?

The Renters' Rights Act 2025 is abolishing section 21 "no fault" evictions in England, with the main tenancy changes taking effect from 1 May 2026. Under the new system, landlords have to use a legal reason (a "ground") to end a tenancy, and most private tenancies become rolling (periodic) tenancies.

• Rent arrears: the mandatory rent arrears ground requires at least 3 months' arrears (up from 2 months), and the notice period for it is 4 weeks.
• Other grounds: there are new or revised grounds for landlords who want to sell or move in, with their own notice periods and restrictions.
• Section 21 notices given before the change: transitional rules apply to notices served before the new system started. If you have one, get advice quickly about whether it can still be used.

Wales has different rules under the Renting Homes (Wales) Act 2016 — see Shelter Cymru. Scotland and Northern Ireland also have their own systems.

How does the eviction process work in England?

Eviction is a legal process with several stages: notice, a court claim, a hearing, a possession order and, if you don't leave, a bailiff's warrant. Each stage takes time, and you can get help or change the outcome at every one.

How long this takes varies a lot with notice periods and court waiting times — often several months from notice to bailiffs.

Can I be evicted for rent arrears?

Yes. Under the new rules in England, if you owe at least 3 months' rent both when the notice is served and at the court hearing, a private landlord can use a mandatory ground and the court must make a possession order. With smaller arrears, or if you've reduced them before the hearing, the landlord has to rely on discretionary grounds, where a judge decides whether eviction is reasonable.

That's why reducing your arrears quickly matters. Even a little below the mandatory threshold can change the outcome, and a judge is more likely to make a suspended order — letting you stay — if you show you can pay your rent plus something towards the arrears.

Ways to reduce rent arrears

• Check your benefit entitlement — Universal Credit housing costs or Housing Benefit — using a free calculator via GOV.UK.
• Ask your council for a Discretionary Housing Payment if your benefits don't cover the rent.
• If you get Universal Credit, ask about paying housing costs directly to your landlord.
• Offer a realistic repayment plan in writing: your full rent plus an affordable amount towards arrears.
• Treat rent as a priority debt — pay it before credit cards, loans and catalogues.

Social landlords (councils and housing associations) are expected to follow a pre-action protocol before going to court for arrears, including trying to agree a repayment plan and checking your benefits.

What should I do if I get court papers?

Fill in and return the defence form by the deadline on the papers, and go to the hearing. Even if you don't dispute the arrears, the form lets you explain your circumstances and offer a repayment plan. People who attend their hearing are much more likely to get a suspended order or more time.

• Free advice at court: the government-funded Housing Loss Prevention Advice Service can give free legal advice and representation on the day, whatever your income. Ask at court or check GOV.UK.
• Possible outcomes: the claim can be dismissed or adjourned, or the judge can make a suspended or outright possession order.
• More time to leave: an outright order usually gives 14 days, but the court can allow up to 6 weeks if leaving sooner would cause exceptional hardship.

Can I stop an eviction after a possession order?

Sometimes. If you've been sent an eviction date, you can apply to the court to suspend the warrant, usually by offering to pay your rent plus an amount towards the arrears. You apply on form N244. There's a court fee, but you may get it reduced or waived through Help with Fees. Apply as early as possible — get advice from Shelter the same day.

If you have a suspended order and fall behind on the conditions, contact your landlord and get advice straight away; the landlord may be able to apply for a warrant without another full hearing.

At the same time, keep in touch with the council housing team. If eviction does go ahead, they may have to provide emergency accommodation depending on your circumstances.

Can my landlord evict me without a court order?

No. In most cases it is a criminal offence for a landlord to evict you without a court order, or to harass you into leaving. That includes changing the locks while you're out, removing your belongings, cutting off gas, electricity or water, or threatening you.

Lodgers who live with their landlord have fewer protections — the landlord usually only needs to give reasonable notice. Check your position with Shelter.

Will the council help if I'm being evicted?

Yes. If you're likely to become homeless within 56 days, the council must try to help you keep your home or find somewhere else (the "prevention duty"). If you've been given notice that ends within 56 days, you're likely to count as threatened with homelessness. Contact the council's housing options team as early as you can.

The council might negotiate with your landlord, help with arrears or a deposit for a new home, or offer emergency accommodation if you're homeless and in priority need (for example, with children or because you're vulnerable). If you're sleeping rough or about to, StreetLink can connect you with local services. If you're experiencing domestic abuse, the National Domestic Abuse Helpline is free and available 24 hours a day.

How do rent arrears fit with my other debts?

Rent arrears are a priority debt because you could lose your home. Deal with them before non-priority debts like credit cards and loans. A free debt adviser can work out a budget that covers rent first and then offers what's left to other creditors.

• Breathing Space can pause most creditor action and freeze interest on qualifying debts for up to 60 days. It doesn't stop eviction for other reasons, and you still need to pay your current rent.
• A debt management plan covers non-priority debts — it can free up money for rent but usually doesn't include rent arrears.
• A Debt Relief Order or bankruptcy can include rent arrears, but your landlord may still be able to seek possession, so get advice first.
• Behind on council tax too? See our guide to council tax arrears.

Frequently Asked Questions