Facing court action from your landlord over unpaid rent can feel overwhelming, but knowing your rights can help you prepare and protect your home. Whether you're dealing with a temporary financial setback or a longer-term issue, understanding the legal process can make a big difference. In this guide, we’ll explore what happens when your landlord takes you to court for unpaid rent. We cover the eviction processes, court hearings, and what options you have to address the issue.
What counts as unpaid rent?
Unpaid rent refers to rent payments a tenant fails to pay their landlord by the due date specified in their tenancy agreement. Even missing one rent payment can technically count as arrears. However, landlords typically take action only after consistent non-payment or a significant accumulation of debt.
For instance, if your rent is due monthly and you fail to make a payment, you’ll fall into arrears. Landlords often track missed payments carefully. Most landlords will attempt to contact you to try to resolve the issue before pursuing legal action.
When can your landlord take you to court for unpaid rent?
Landlords have the legal right to take you to court for unpaid rent if attempts to recover the arrears directly from you fail. Typically, this happens after:
Repeated missed payments: If you’ve failed to pay rent for several months or have consistently missed payments.
Significant arrears: Many landlords consider court action if you owe more than two months’ rent.
Lack of communication: If you haven’t responded to your landlord’s attempts to contact you or resolve the issue amicably.
👉You can learn more in our guide to how late can you pay rent in the UK.
Can you be evicted for unpaid rent?
Yes, if you fall behind on rent, your landlord can legally evict you, but they must follow the correct legal process. Eviction doesn’t happen overnight - there are steps you can take to challenge the claim, negotiate a repayment plan, or delay the process.
Here’s how the eviction process typically works for unpaid rent:
Notice of eviction: The landlord must serve a formal notice before taking further action. This is usually a Section 8 notice, which states the reason for eviction (such as rent arrears) and the amount owed. In some cases, a landlord might issue a Section 21 notice, which is a no-fault eviction that does not require a specific reason.
Court application: If the rent remains unpaid after the notice period, the landlord can apply to the court for a possession order to reclaim the property.
Possession hearing: A judge will review the case at a court hearing. If you attend, you can explain your situation, show evidence of financial hardship, or propose a repayment plan. If the judge grants a possession order, they may set a deadline for leaving the property.
Bailiff Enforcement: If you don’t leave by the court-ordered date, the landlord can apply for bailiffs or High Court Enforcement Officers (HCEOs) to remove you from the property. You cannot be physically forced out by the landlord - only court-appointed bailiffs can carry out the eviction.
How long does the process take?
The eviction timeline varies, but tenants usually have several weeks or months to resolve the issue before enforcement happens. Acting early - whether by negotiating a repayment plan, seeking legal advice, or challenging the eviction in court - can help delay or stop the process.
💡 Expert Insight: “I’m often asked what legal steps landlords must follow before evicting a tenant for rent arrears. In the UK, landlords must issue a formal notice before starting court proceedings. This is usually a Section 8 notice (for tenancy breaches like unpaid rent) or a Section 21 notice (for no-fault evictions). Tenants should always check the notice carefully, as errors can make it invalid.”
What happens at a possession hearing?
A possession hearing is where a judge reviews the landlord’s claim for possession of the property. Both you and your landlord will have the opportunity to present your case. During the hearing:
The landlord presents evidence: They will provide proof of rent arrears and explain why they are seeking possession.
You can respond: You’ll have the chance to share your side of the story, such as explaining financial difficulties or disputing the arrears.
The judge makes a decision: The judge may grant an outright possession order, suspend the order on certain conditions, or dismiss the case if there are valid defences.
If you attend the hearing and show a willingness to resolve the issue, the judge might grant extra time. Alternatively, a judge may offer a solution that allows you to stay in the property. For more information, head to our full guide on what happens during a possession hearing.
What if you pay back what you owe before court?
If you’re able to pay back the full amount of rent arrears before the court date, it’s possible to stop the legal proceedings entirely. Once the arrears are cleared, your landlord no longer has grounds to pursue the claim in court.
What if your landlord refuses rent payments?
In rare cases, a landlord may refuse to accept rent payments, often in an attempt to fast-track eviction proceedings. If this happens:
Document your attempts: Keep records of your attempts to make payments, such as screenshots of bank transfers or emails to your landlord.
Set the money aside: Keep the rent amount in a separate account so you can demonstrate your willingness to pay.
Seek legal advice: A landlord solicitor or housing charity can advise you on how to proceed. You may be able to raise this issue as a defence in court.
Refusing payments can sometimes work against the landlord if the court sees that you made genuine efforts to resolve the arrears.
What happens if you’re in social housing?
If you’re a tenant in social housing and fall into rent arrears, the process for eviction is similar, but there are additional protections in place:
Support from the landlord: Social landlords, such as housing associations or councils, often provide support and advice to help tenants resolve arrears before taking legal action.
Pre-action protocols: Landlords must follow strict procedures, including offering payment plans and exploring alternative solutions, before applying for a possession order.
Court involvement: The court will carefully assess whether the landlord has followed all protocols and whether eviction is proportionate to the situation.
If you’re in social housing, it’s important to engage with your landlord early and take advantage of any support available.
FAQs
How many months of rent arrears can occur before an eviction?
In the UK, landlords typically take action after two months’ worth of rent arrears. However, this can vary depending on the landlord and the specific circumstances.
What is the longest you can be late on rent?
There’s no set maximum time for being late on rent, but the longer the arrears, the more likely the landlord is to take legal action. Communicating with your landlord and addressing arrears as soon as possible is crucial.
Final thoughts
If your landlord is taking you to court for unpaid rent, it’s important to take the situation seriously and act quickly. Understanding the process, knowing your rights, and exploring options like repayment plans or legal advice can make a big difference.
Open communication with your landlord and professional support can help you navigate the situation and potentially avoid eviction. By taking proactive steps, you can work toward resolving the issue and securing your housing stability.
References
You are taken to court for rent arrears from Citizens Advice
