4. What do I do if there are rent arrears?
If the tenant owes at least two months' rent, a section 8 notice can be issued to regain possession of the property.
The Housing Act 1988 offers the following grounds for non-payment of rent, on which a section 8 notice can be served:
Ground 8: that the tenant owes at least two months’ rent (in the case of a monthly tenancy) both when the landlord served notice that he wanted possession and still owes two months’ rent at the date of the court hearing. If the rent is payable weekly, quarterly or yearly the ground requires that there are rent arrears of eight weeks, three months and six months respectively.
Ground 10: that the tenant was behind with his rent when the landlord served notice that he wanted possession, and when he began court proceedings.
Ground 11: that, even if the tenant was not behind with his rent when the landlord started possession proceedings, he has been persistently behind with his rent.
Please see Factsheet 8 for more information.