Frequently Asked Questions
Rent and arrears disputes are disagreements between landlords and tenants involving rental payments or outstanding amounts. These may include missed payments, incorrect rent calculations, disputed balances, rent increases or disagreements about payment arrangements.
Rent arrears occur when a tenant has not paid the full rent due by the agreed payment date. This may involve one missed payment, several delayed payments or an accumulated outstanding balance. The amount and duration of arrears can affect the legal options available to the landlord.
Yes. A landlord may be able to pursue unpaid rent through appropriate legal procedures. This may involve written payment requests, negotiations, a money claim or possession proceedings where the relevant legal grounds apply. The correct approach depends on the tenancy and circumstances.
A landlord should review the tenancy agreement and rent payment records, establish the amount outstanding and communicate with the tenant. It may be appropriate to discuss a repayment arrangement or seek legal advice about recovering the debt. Any action to recover possession must follow the applicable legal process.
Yes. A tenant may challenge a claimed balance if payments have not been properly recorded, the rent calculation is incorrect or the landlord has included amounts that are not legally due. Relevant evidence may include bank statements, receipts, payment confirmations and rent statements.
Rent arrears may provide grounds for possession, but a landlord must follow the applicable legal procedure. For most private assured periodic tenancies in England, landlords must use the relevant Section 8 process and rely on a statutory possession ground. A court must make the relevant possession decision before lawful enforcement can take place.
There is no single arrears threshold for every possession ground. Under Ground 8 in England, a landlord may rely on the mandatory rent arrears ground where the tenant owes at least three months’ rent if paying monthly, or 13 weeks if paying weekly or fortnightly, both when notice is served and at the possession hearing. Other grounds may apply where the arrears are lower, subject to the court’s assessment.
Paying the arrears may affect a possession claim, particularly where the landlord relies on a rent arrears ground with a specified threshold. However, payment does not automatically end every possession claim or resolve other tenancy disputes. The legal consequences depend on the ground relied upon and the position when the court considers the case.
A landlord’s ability to charge interest or fees depends on the applicable law and tenancy terms. In England, the Tenant Fees Act 2019 restricts payments that landlords can require from tenants. Late rent interest may generally only be charged where rent has been outstanding for at least 14 days, subject to the statutory limits and requirements.
Rent increases and existing arrears are separate matters. In England, most private assured periodic tenancies are subject to the statutory rent increase procedure introduced under the Renters’ Rights Act 2025. A landlord must follow the applicable procedure, and existing arrears do not automatically allow an increase outside those requirements.
Yes. Under the current private assured periodic tenancy framework in England, tenants may be able to challenge a proposed increase through the First-tier Tribunal if they believe it exceeds the open market rent. The applicable procedure and time limits should be checked before making an application.
Yes. A landlord and tenant may agree on a repayment arrangement to clear outstanding rent over an agreed period. The arrangement should clearly state the amount owed, payment dates and any additional conditions. It is important to consider whether the proposed payments are realistic and whether any court proceedings are already underway.
A tenant experiencing financial difficulties should contact their landlord as early as possible and explain the situation. Depending on eligibility, they may be able to seek financial support through Universal Credit, Housing Benefit in relevant cases or other available assistance. Early communication may help the parties consider a manageable repayment arrangement.
Depending on eligibility and circumstances, housing support may help tenants meet their rental costs. Some tenants receiving Universal Credit may also be eligible for an Alternative Payment Arrangement, under which the housing element can be paid directly to the landlord. This does not automatically clear existing arrears, and individual eligibility should be checked.
Repeated late payments may give a landlord grounds to consider legal action, depending on the tenancy and applicable legislation. In England, Ground 11 may be relevant where there are persistent delays in paying rent. The landlord must follow the correct notice and court procedures, and the court will consider the circumstances.
Tenants should not automatically stop paying rent because repairs remain outstanding. Withholding rent without appropriate legal advice can create arrears and may lead to further legal difficulties. A tenant may have separate legal remedies relating to disrepair, but these should be considered carefully before changing rent payments.
A landlord may still be able to pursue outstanding rent after a tenancy has ended, subject to the applicable legal requirements and limitation periods. The landlord should retain the tenancy agreement, payment records and evidence supporting the amount claimed.
Useful evidence may include:
- The tenancy agreement.
- Rent statements and payment schedules.
- Bank statements and payment receipts.
- Written communication between the landlord and tenant.
- Records of agreed repayment arrangements.
- Relevant benefit payment information.
- Notices and court documents, where applicable.
This evidence can help establish the payment history and clarify the amount in dispute.
The timeframe depends on the amount involved, the complexity of the dispute, the parties’ willingness to negotiate and whether formal legal proceedings are required. Some disputes can be resolved through a repayment arrangement, while others may require court involvement.
MYM Solicitors can review the tenancy arrangements, examine rent payment records, advise on outstanding balances and explain the legal options available. Whether you are a landlord seeking to recover unpaid rent or a tenant disputing an arrears claim, our team can help you understand the relevant procedures and possible next steps.
