I'm behind on rent by 2 months, can I be evicted?

Two months' rent arrears triggers Ground 8 of Schedule 2 to the Housing Act 1988, which is a mandatory ground for possession. This means that if you owe at least two months' rent both when the Section 8 notice is served AND at the date of the court hearing, the court has no discretion — it must order possession.

The process requires your landlord to first serve a Section 8 notice specifying Ground 8 (and often also Grounds 10 and 11 for persistent arrears). The notice must give 14 days before the landlord can apply to court. They then apply to the county court and you will receive a hearing date, typically within weeks.

Your best protection is to reduce the arrears below two months before the hearing date. If you can do this, Ground 8 no longer applies, though the landlord may still pursue Grounds 10 and 11 (discretionary grounds for some arrears and persistent late payment). On those grounds, the court has discretion and can refuse possession if it is reasonable to do so.

Check whether you are entitled to housing benefit or Universal Credit housing costs. Contact your local council or the DWP immediately — backdated payments can sometimes clear arrears. The council may also have a discretionary housing payment scheme.

Even if possession is granted, you do not have to leave immediately. The court usually gives 14 to 28 days to vacate, and you can apply for a stay in hardship cases. Seek advice from a housing advisor or duty solicitor at court as soon as you receive any court papers.