Advising a social tenant with a rent arrears notice
Guide for professionals
There is only one ground a landlord can use for a secure tenant with rent arrears.
Ground 1: Rent arrears or breach of tenancy
Ground 1 is a discretionary ground. A landlord must show that some rent is lawfully due. A court has discretion to decide if a possession order is reasonable.
Focus on the tenant's circumstances as well as the amount of arrears.
Check if the tenant has:
any health conditions or disabilities
maintained the tenancy for a long time
attempted to make payments
Read more about ground 1 on Shelter Legal.
Calculate the rent arrears
Make your own calculation of the rent arrears, do not rely on the landlord's figure.
Check the landlord's rent statement against the tenant's:
bank statements
universal credit statements
receipts for cash payments
Check for any discrepancies. Rent arrears only applies to rent lawfully due. Check that there are no other charges recorded as rent arrears. For example, repair charges or council tax.
Check if the ground can be used
Ground 1 is used for rent arrears or breach of tenancy. This means the court can award possession if the tenant has failed to pay rent, or breached another term of the tenancy.
Try to reduce the amount of arrears.
A tenant who has reduced the arrears before a court hearing can argue that a possession order would not be reasonable.
Case study
Samuel is a secure tenant who lives with his young son. His rent is £120 per week. After his income drops, Samuel falls into arrears of £1200.
The landlord has served a notice seeking possession under ground 1 because of the rent arrears.
After receiving the notice Samuel seeks advice. He resumes paying the full weekly rent as well as £10 per week towards the arrears. Despite this, the landlord issues possession proceedings. By the hearing, Samuel still owes rent but the arrears are reduced and his rent statement shows regular payments.
At the hearing, Samuel accepts that he owes rent but explains that he is now maintaining the tenancy by paying the rent in full and reducing the arrears. His representative argues that it would be unreasonable to make a possession order as he is addressing the debt.
Outcome
The judge agrees with Samuel's representative. Because Ground 1 is discretionary the judge adjourns the claim on the basis that it would be unreasonable as Samuel's payments show a genuine attempt to resolve the arrears. The judge adjourns the case on the terms that Samuel clears the rent arrears.
Samuel keeps making his payments and the arrears are cleared. As Samuel kept to the terms of the order, he does not need to attend another hearing.
Last updated: 27 January 2026