Compliance
My tenant is not paying rent: what do I do?
Last updated 4 July 2026 · Reviewed by Nick Thorpe, founder
The short answer
Act in the first week, not the third month. Contact the tenant as soon as a payment is missed, keep a written record of everything, and agree a realistic payment plan where you can. If arrears keep building, the formal route is the mandatory arrears ground, which now needs three months of arrears and four weeks' notice.
A missed rent payment is unpleasant in a way the spreadsheet never quite captures. It is also, most of the time, fixable. The arrears cases that end in court rarely went wrong at month three; they went wrong in week one, when nobody said anything. Here is the timeline we work to across 200+ tenants in managed homes, and why the boring habit of writing everything down is what wins in the end.
What should I do on the day rent is missed?
Contact the tenant the same day or the next working day, in a friendly written message. Most first missed payments are admin, not crisis: a new bank account, a payroll delay, a standing order that quietly died. A polite “your rent has not arrived, is everything OK?” resolves a good share of cases within a couple of days and costs nothing in goodwill.
If there is no reply within two days, ring them, then confirm the call by message or email. From this point on, everything happens in writing or gets confirmed in writing. That is not aggression. It is the file you will be glad of later.
The escalation timeline, day by day
Escalate steadily, in writing, and never skip a step. This is the pattern we follow on managed properties:
- Day 1 to 2. Friendly written reminder. Assume cock-up before crisis.
- Day 3 to 5. Phone call, confirmed afterwards in writing. Ask what has happened and when payment will arrive.
- Day 7. First formal arrears letter with an up-to-date rent statement attached. Offer a conversation, and point a struggling tenant towards debt advice; it is the decent thing, and it is also what most often gets the rent flowing again.
- Day 14. Second letter. Propose a written payment plan. If there is a guarantor, tell them now, not later.
- One month. A full month of arrears. Formal letter setting out the balance and stating plainly that continued non-payment will lead to notice being served.
- Two months. If a written plan is in place and being kept, hold the course and keep recording. If not, prepare the possession file.
- Three months. The threshold for the mandatory arrears ground is reached and formal notice can be served, with four weeks’ notice. Take advice before serving. On managed properties, we handle this stage.
Should I agree a payment plan?
Usually, yes. A realistic written plan (normal rent plus an affordable amount towards the arrears each month) nearly always beats the alternative: a void, a court timetable and a debt you may never recover. Tenancies that survive a rough patch often go on for years, and across our managed homes the average tenancy runs 24 months.
Two conditions. The plan must be in writing, with amounts and dates. And it gets one repair, not endless ones: if it fails twice, stop extending it and move to the formal route. Warm is not the same as soft.
Why does documentation decide everything?
Because since the Renters’ Rights Act came into force on 1 May 2026, Section 21 has gone and every possession claim runs through the Section 8 grounds, where judges decide on evidence. The file wins the case: rent statements, every message and letter, notes of calls, the signed tenancy agreement, a protected deposit, in-date gas and electrical certificates. A landlord with a genuine ground and a complete file gets possession. The same landlord with a gappy file gets adjournments and delay while the arrears keep growing. There is more on how possession now works in our guide to evicting without Section 21.
When do the formal steps start?
The mandatory arrears ground needs three months of arrears, and then four weeks’ notice. That threshold moved up from two months under the old rules, which is precisely why week-one action matters: the formal route is slower now, so the informal work has to start earlier. If the notice expires and the tenant stays, the next step is a court possession claim.
Never change the locks, remove belongings or cut off services, whatever the balance. That is a criminal offence in England. And a caveat we attach to everything on this page: rules can change, guidance on some provisions is still settling, and we confirm the current requirements on gov.uk before serving anything on a managed property. This is a working summary, not legal advice.
What does this look like with an agent?
On a Livdin managed property the timeline above starts without you having to watch the bank account. We chase on day one, run the plan, keep the file and, if it comes to it, serve notice and attend court (court and bailiff attendance is charged hourly, with the full schedule on our fees page). Arrears management is a standing part of property management, not an add-on. If your current agent cannot show you their arrears process in writing, switching takes about a month and costs nothing. Or call 01484 981717, tell us what is owed, and we will tell you where you stand.