
How long is 3 months rent arrears? Seems like a stupid question because the answer is in the question, right? Well, kinda’
I’ve realised there is apparent confusion over the matter because over a relatively short period of time, I’ve seen multiple people ask how to calculate rent arrears, over in the Landlord Forum (usually because landlords are trying to workout when they can start the eviction process).
Most landlords know that they’re allowed to serve a section 8 eviction notice to a tenant if their tenant is two three months in arrears (the ground for evicting a tenant for rent arrears increased from two to three months with the introduction of the Renters’ Rights Act).
The “three months” is usually calculated in one of two ways, but there is actually only one correct way!
Many people seem to do this the wrong way, and the unfortunate consequence can be both expensive and unnecessarily frustrating. Fortunately, using the wrong method for calculating the arrears timeline does not make a notice invalid – only delayed.
The confusion arises when people misunderstand what constitutes “one month in arrears”. The wrong method is to assume that a tenant is one month in arrears when they are 29–31 days (depending on the month) late in paying rent.
Miscalculating how arrears accrue can therefore lead to incorrectly assuming when that threshold has been reached — or missed entirely.
The Correct Way to Calculate Rent Arrears
- Rent is usually charged in advance on a fixed date (e.g. the 1st of each month).
- If rent is not paid on the due date, the tenant immediately falls into arrears.
- Arrears are calculated based on missed rent payment periods, not simply the number of days that have passed since payment was due.
- A tenant is 1 month in arrears once they have missed one full rent payment period.
- A tenant can become 2 months in arrears once they have missed two rent payment periods — which may occur in just over a month depending on the timing of payments and the rent cycle.
- A tenant becomes 3 months in arrears once they have missed three rent payment periods (the relevant threshold for rent arrears possession grounds).
- This is why arrears are not calculated purely by counting calendar days since the last payment — they are based on how many contractual rent instalments remain unpaid.
So if you thought the wrong way was the right way, perhaps landlord law got slightly more tolerable.
Landlord out xo
Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
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My tenant owed me between £400 and £1000 over a period of 18 months, she kept paying extra payments to me to clear off her debt and then one month the payment stopped, she said the DWP had made an error and it would all sort its self out, bollocks!. The bitch had spent the money on a holiday to Spain. but because the amount was never 2 months worth of rent money (£1200) they would not pay me direct.
In the end she served me notice to vacate claiming i was harassing her for the money she had in effect stolen from the DWP, the DWP didn't seem to care about that when i told them.
The whole system is really fucked up, i will never let my house to a DWP tenant again.
She left my house having an electric and gas prepayment meter because she had fallen into arrears with them as well, i knew nothing about it until the day i went to see her go and collect keys etc- and guess what-the fucking bitch had done a runner.
I had to paint the house and put new carpets down as there was dog piss and shit everywhere despite there being a no pets in house in tenancy agreement.
I'm not having a go at other DWP people its just I had such a shitty experience, i hope the bitch gets what she deserves.