Rent Arrears and a Sick Joint Tenant: What I'd Do Next

I got the call on a Tuesday. Two tenants, both named on the tenancy, six weeks behind. One had just been signed off long-term sick. The other was still working but said they couldn't cover the whole rent alone. That's the moment every landlord hates — and the moment where a wrong step costs you months.

In a joint tenancy, both tenants are responsible for the entire rent. Not half each — the whole amount. If one doesn't pay, the other owes it all. That principle is called joint and several liability, and it's the backbone of every decision I make in this situation.

The three-month line

I don't rush to serve a Section 8 notice the day arrears start. A Section 8 notice is the formal document that starts possession proceedings based on grounds set out in the Housing Act 1988. The ground I'd rely on here is ground 8, which is mandatory possession if the tenant owes at least two months' rent at the time the notice is served and again at the court hearing. But the community wisdom I've followed for years is to wait until three full months. Why? Because if you serve at two months and the tenant pays a chunk before the hearing, the ground can fail and you're back to square one. At three months, even if they pay a little, you're still likely over the two-month threshold when it matters.

I also ask for a money order in the same possession claim. That's a county court judgment for the debt, which I can enforce later if the tenants ever have income or assets. It turns the eviction from just getting the property back into actually getting a shot at the money. On a £900-a-month tenancy, three months is £2,700. That's the size of debt I'm chasing, not just the keys.

What I'd do while waiting

While I wait for that three-month mark, I write to the tenants. A letter, not a text. It sets out the arrears to the penny, the date I'll serve the Section 8 notice if nothing changes, and the fact that a money order will follow. I keep it factual — no threats, just the steps I'm allowed to take.

Some landlords file a separate small claim for the arrears in the meantime. Small claims is a court route for debts under £10,000 in England and Wales; it's quicker than waiting for possession and can nudge a working tenant into paying. I've done that when the well tenant had a steady job and I didn't want to wait for the full possession route. But it's a separate action, so I weigh the extra court fee against the chance of actually collecting.

The sick tenant and Universal Credit

The tenant who's too ill to work might be entitled to Universal Credit. That's the main means-tested benefit for working-age people in the UK. If their illness limits their ability to work, they can report that and may get a higher award — sometimes including a housing element that covers rent. I've sat with tenants and helped them start that claim, because a successful claim often brings the arrears down without any court at all. I'm not a benefits adviser, so I point them to Citizens Advice or the jobcentre, but I do tell them it exists and that I'll pause any action for a couple of weeks if they can show me the claim is in.

Repayment plan or possession?

A repayment plan sounds friendly, but with one tenant on no income, it often isn't realistic. The working tenant has to cover the full rent going forward plus extra towards the old debt. If their take-home pay can't do that, a plan just delays the inevitable. I'd only agree to a plan in writing, with a clear schedule and a break clause that says if one payment is missed, I move straight to notice. That keeps the tenants focused and protects me from another six months of drift.

If the numbers don't work, I don't pretend they do. I've learned that waiting too long for a plan that can never succeed just deepens the arrears and makes the eventual possession messier. So I wait, I write, and I watch the calendar. Three months is the line. When the arrears cross it, the notice goes in the post the next morning.