Rent arrears: what the risk is, and what to do early

Rent arrears (missed or late rent payments) are one of the most common reasons student tenancies end badly. This module explains the practical risk, what changes under the Renters’ Rights Act, and what to do if you’re worried you might fall behind.

TABLE OF CONTENTS

WHAT COUNTS AS RENT ARREARS?
WHY ARREARS MATTER
BEFORE 1 MAY 2026 (CURRENT POSITION)
FROM 1 MAY 2026 (EXPECTED POSITION UNDER THE RENTERS' RIGHTS ACT)
JOINT TENANCIES: THE BIGGEST STUDENT RISK AREA
WHAT TO DO IF YOU'RE WORRIED ABOUT FALLING BEHIND
WHEN TO SEEK SUPPORT
KEY TAKEAWAY

WHAT COUNTS AS RENT ARREARS?

You are in rent arrears if you owe rent that should already have been paid, even if it’s only part of your rent.

Arrears can build up quickly if you:

miss a payment date,
pay only some of the rent,
rely on a housemate to send your share and they don’t,
have a delay in student finance or wages.

WHY ARREARS MATTER

Rent arrears can lead to:

pressure from the landlord/agent,
extra fees/interest (only allowed in limited situations and must be in the contract),
damage to your relationship with housemates (if joint tenancy),
and, in serious cases, legal action to regain possession.

Even though the Renters’ Rights Act increases protections in many areas, arrears remains a key route to eviction if it becomes serious.

BEFORE 1 MAY 2026 (CURRENT POSITION)

Landlords can use rent arrears grounds to seek possession through the courts.
Under the current rules, one of the main “mandatory” arrears grounds is generally triggered at around 2 months’ arrears (timing depends on whether rent is paid monthly or weekly).
There are also “discretionary” arrears grounds that can be used for smaller or persistent arrears, where the court decides if eviction is reasonable.

FROM 1 MAY 2026 (EXPECTED POSITION UNDER THE RENTERS' RIGHTS ACT)

The Renters’ Rights Act changes the arrears position in a way that is meant to protect tenancies that are still viable:

The mandatory eviction threshold increases from 2 months’ arrears to 3 months’ arrears.
The notice period increases from 2 weeks to 4 weeks for that mandatory arrears route.
Landlords can still use discretionary arrears grounds (for example, where rent is repeatedly late).

This does not mean arrears “doesn’t matter” after 1 May 2026. It means there is potentially more breathing space to fix the problem before it becomes an automatic eviction route.

Some detail (especially forms and process) may continue to be clarified in implementation guidance.

JOINT TENANCIES: THE BIGGEST STUDENT RISK AREA

If you have a joint tenancy, you are usually all responsible for the whole rent, not just your share.

If one person can’t pay, the landlord may expect the rest of the group to cover the shortfall.
This can also affect guarantors.

If you’re joint tenants and money is tight, it’s worth agreeing early:

who pays the landlord (one person vs separate payments),
what happens if someone is short,
and how you’ll evidence payments.

WHAT TO DO IF YOU'RE WORRIED ABOUT FALLING BEHIND

If you think you might miss a payment, the best move is usually early, clear communication:

Tell your landlord/agent early (before the due date if possible).
Ask to agree a short repayment plan in writing.
Keep proof of income timing (student finance date, payslip schedule) if relevant.
If you’re in a joint tenancy, tell housemates early too, so you can avoid confusion and conflict.

Many landlords/agents would rather agree a realistic short plan than let arrears escalate.

WHEN TO SEEK SUPPORT

Get advice early if:

you’re already behind and the amount is increasing,
you’re getting threats or unclear messages,
your landlord/agent is refusing to engage,
you’re worried about losing housing during term time.

If you’re not sure who to speak to, Durham SU Advice Service can point you in the right direction.

KEY TAKEAWAY

Rent arrears is one of the quickest ways a tenancy can unravel — especially in joint student houses. The Renters’ Rights Act increases the breathing space for serious arrears after 1 May 2026, but the safest approach is still: spot problems early, communicate early, and get advice before it escalates.