Rent Arrears Negotiation Hints & Tips +

Only you can decide how much flexibility you are prepared to give and what financial exposure you are prepared to accept. No matter how upsetting the situation is, retaining your composure is paramount for whilst the Tenant is talking to you there may be a way forward.

Where arrears exist, the following tried and tested solutions will help you.

• Set payment objectives and communicate these in writing.
• See New Renter Rights new process NEW Tenant in Rent Arrears Guide -
• See New 2026  Negotiating Surrender *
• If you have Guarantor you are obliged to keep them informed of the arrears.
• Move rent payment date to coincide with their pay day. Request the tenant complete a Standing Order.
• If the Tenant is claiming property in disrepair then request that they put this in writing and then review with an open mind. Worse case you will have an inspection by Council
• be aware of the time involved in issuing Notices and court application.
• If you have a Tenant who is on benefits then the rules of the game change see Benefits Tenant in Rent Arrears also view My Tenants want a council house

Where these fail to remedy the situation then proceed as follows

1. Issue a Section 8 Notice for arrears as a contingency plan. Click here
2. If on Housing Benefit and arrears are greater than two months, ask the council to make payment direct to you Housing Benefit letter arrears(- but be aware of issues of rent repayment orders). Rent Payment Order
3. Consider imposing a condition that you require a Guarantor to minimise your exposure to future arrears. Deed of Guarantee -

Should this progrees to court evidence will assist you to avoid the possession order being suspended

• Produce statement of account which the Tenant(s) and you both sign.
• Create audit trail, letters, dates, diary of conversations and promises.

Should the Tenant fail to fulfil their promises, you need to make sure you are able to demonstrate reasonableness and this forms evidence of tenants' inability to fulfil promises. This process minimises your exposure to having a possession order suspended, which means the judge grants you possession but sets this aside providing the Tenant fulfils their obligations, such as paying rent and some arrears. If you are able to demonstrate you took legal action as the Tenant continually failed to fulfil their promises, then you are also less likely to have costs awarded against you.

If the Tenant fails to fulfil promises, assert your authority by serving notice - just because you serve a Section 8, it does not mean you have to proceed with the court process. This keeps your options open.