Does Shelter suggest a loophole for Section 8 rent arrears evictions?

Does Shelter suggest a loophole for Section 8 rent arrears evictions?

Broken padlock symbolising eviction loopholes and Section 8 rent arrears disputes in UK housing
12:01 AM, 21st May 2026, 4 days ago 13

I saw a post on a landlord’s group from someone who is a landlord and works in housing for the local council and could not ignore it.

During a Zoom meeting, Shelter advised that they should advise tenants that if they are faced with eviction due to rent arrears under section 8, to offer a minimal payment to show they are trying to deal with the arrears. For example, £20 every 3 months to start the process again.

Now, this was a glaring loophole months ago, but it was explained to me that as long as they are at least 3 months’ worth of arrears at the time of the hearing, it is valid.

Since every month following notice will no doubt add to the pile, surely this advice doesn’t actually work in practice?

Thanks,

Shaun

Editor’s Note: On Shelter’s website, it claims tenants should speak to their landlord as soon as they can about rent arrears.

 However, Shelter also claim tenants should tell landlords when they’ll be back in touch with a plan to repay their arrears, or what they can afford to repay each month.

Advice on their website says: “Don’t be tempted to agree to repayments that you can’t afford. If you can’t make the payments, it could make things worse.”

More information on Shelter’s website can be found here.


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Comments

  • Member Since June 2019 - Comments: 818

    9:21 AM, 21st May 2026, About 3 days ago

    This is the risk with all of the discretionary routes, left leaning judges will be reluctant to evict if the tenant seems to making an effort even if that will never clear the debt.

    I really hope I am wrong but until tested we will not know for certain.

  • Member Since April 2018 - Comments: 406

    10:11 AM, 21st May 2026, About 3 days ago

    Shelter and other Marxists seem determined to kill of BTL. This is a return to the sitting tenant era and once landlords are aware of what could happen they will be gone, leaving a lot of homeless people. Very difficult to sell flats now though with prices below 2007 levels, but developers still throwing them up.

  • Member Since January 2015 - Comments: 1486 - Articles: 1

    10:45 AM, 21st May 2026, About 3 days ago

    It has always been the problem with arrears using s8. Only need to pay £1 less than the old 2 months, now 3 months, and the LL has to wait until more than once again.

    So in the “old” days most landlords using s8 arrears waited till 3 months now will likely have to wait till 4 months as the extra month plus £1 might be too big a chunk for these non-paying tenants to find in one go.

    So so glad I’m out.

  • Member Since May 2014 - Comments: 625

    11:16 AM, 21st May 2026, About 3 days ago

    Reply to the comment left by David at 21/05/2026 – 10:11
    You are correct David as I and others have predicted this has all the hallmarks of the return of the bad old days of protected tenants.
    I wish I had sold up sooner.

  • Member Since October 2013 - Comments: 1656 - Articles: 3

    11:34 AM, 21st May 2026, About 3 days ago

    Reply to the comment left by Stella at 21/05/2026 – 11:16
    The tenant in my last but one BTL tried the ‘pay a little to show he’s trying…’ game just before court. He got it all wrong, despite trying to be clever, and the judge was scathing. Especially when he didn’t even turn up at court after a previous no show. £20k down and I didn’t see a penny!

    I have one flat left and the valuation is a disgrace due to leasehold. So, I will hang on in hope (I know hope’s not a strategy!). At least I have a decent tenant.

  • Member Since April 2018 - Comments: 406

    12:29 PM, 21st May 2026, About 3 days ago

    Reply to the comment left by NewYorkie at 21/05/2026 – 11:34
    Yet as a stranger said to me ,” so you are the bad landlord who put up rent”, after I had not increased the rent for over 10 years. So much for treating tenants fairly , but we are not liked by many.I do wonder though how all are critics make a profit or do they all work for free.

  • Member Since September 2018 - Comments: 3583 - Articles: 5

    3:40 PM, 21st May 2026, About 3 days ago

    an ‘offer’ can be made yes, but it can also be entirely rejected.
    The fact that the T could have (at any point prior to the possession being progressed) contacted the LL to make the same offer, means the action is without merit and clearly only being done for tickbox purposes (and trying to make the LL be the bad guy for not accepting)

    I’d ignore any communication from anyone other than the T directly or the courts. Everyone else can go to hell.

  • Member Since September 2018 - Comments: 3583 - Articles: 5

    3:47 PM, 21st May 2026, About 3 days ago

    Reply to the comment left by Judith Wordsworth at 21/05/2026 – 10:45
    all it means is you pick more than one discretionary ground or go for a mandatory one. Even using a mandatory one does not mean you can’t make ALL the reasons clear as to why you want possession. Very handy as a S8 is a public record.

    When the next LL asks for a reference for (evicted) tenant, just reply with a copy of the notice….

    Nothing stopping you sending it to the Council housing dept either with an email to request they attach to the persons housing file. Copy in the head of the dept too for good measure.

  • Member Since September 2018 - Comments: 3583 - Articles: 5

    3:50 PM, 21st May 2026, About 3 days ago

    Reply to the comment left by David at 21/05/2026 – 12:29
    I’d reply no I’m a good landlord who put up the rent to still under the market rate.

  • Member Since July 2013 - Comments: 474 - Articles: 1

    7:52 PM, 21st May 2026, About 3 days ago

    Reply to the comment left by David at 10:11
    They fkn hate us “kulaks” – especially the more working class among us who have done well.

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