Tenant in Rent Arrears Guide

Where tenants are in rent arrears, it is essential that the Landlord is aware of their rights and manage the situation lawfully and effectively. This guide will help you. If in doubt, please call your members Helpline  
 

The Basics Tenant in rent arrears

  1. You must Issue rent arrears letters this affirms the required legal compliance with process for eviction for Rent Arrears
  2. If you have Guarantor you are obliged to keep them informed of the arrears
  3. Where there are rent arrears consider negotiating with the Tenant and also issue a Section 8 Notice for rent arrears
  4. If your Tenant is in the process of being made or is bankrupt or subject to a Debt Relief Order click here 
  5. If you have not previously done so issue a Section 21 Notice this is your plan B
  6. If you have previously served a Section 8 or 21 Notice do not serve a new notice fast track me
  7. If by the Notice expiry date they fail to vacate apply for a possession Order
  8. After the court application prepare for the court hearing
  9. If they fail to vacate by the date the court tells them to you must then apply for a bailiff
  10. If they leave and still owe you money. Do you want to recover this money?
  11. If applicable consider how you can recover rent arrears from Guarantors

Most frequently asked questions of the Members Helpline

  • Why should I serve Notice on my Tenant? If a Tenant will not leave voluntarily only a Bailiff can remove them, anything else is unlawful eviction and many Tenants know their rights better than the Landlord does. Bearing this in mind ;
    1. You can only appoint a Bailiff if the Tenant is in breach of a court possession order.
    2. You can only get this order if you make an application for a possession to the courts.
    3. Before an order for possession is made the JUDGE will check your paperwork (such as rent arrears letters, this is evidence that must comply with the Legal process for Eviction). The Section 8 Notice for rent arrears is the most critical legal document in this process.
    4. This means if you do not issue a valid Notice you cannot apply to the courts = No possession order = No Bailiff = Landlord does not gain possession = Tenant can stay). A Letter asking the Tenant to leave, as is a DIY Rent Arrears Notice is invalid see Why Serve Notice?

Frequently asked questions Rent Arrears and regaining possession

  • How long will it take me to regain possession? more
  • What is an eviction notice and which should I issue? more
  • I do not have a signed Tenancy Agreement is this a problem? more
  • If the Tenants pay then I am happy for them to stay. Hints & Tips

 I just want my property back! I do not want all the hassle of eviction

Compromise should be considered for this can reduce your optimum  loss; but you improve your negotiating position if you  issue an eviction Notice for Rent Arrears
 
This is because the Tenant is then legally obliged to perform by the date on the Section 8 Notice otherwise you reserve the right to apply to court and sue for damages (see Rent Arrears Negotiation Hints & Tips) 

If the Tenant agrees to vacate ask they sign

How do I recover the money the Tenant owes me?
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