Being a landlord is not as easy as many people think. From finding the right property, attracting a tenant to keeping up with regulations there is a lot to do. We understand that landlords have financial commitments such as mortgages and property maintenance. These are often paid out of the rent they receive. Naturally, in case of rent arrears, when a tenant stops paying the rent it can be incredibly stressful. Whilst it may be tempting and even instinctive to want to get the tenant out of the property you must go about it the right way. Keeping in mind the tenancy agreement and the tenant law. Not following the legal procedure could land you in more trouble than it’s worth.
Here we breakdown the legal procedure to follow when a tenant stops paying the rent as simply as possible.
Why Do Tenants Stop Paying The Rent?
The reasons for a tenant not paying the rent can vary from a change in circumstances like losing a job to other reasons. Sometimes the tenant can make a genuine mistake and want to catch up, in other situations it is clear they won’t be able to. It is always worth exploring why they have stopped paying rent to see if there is any room to fix things before taking legal action.
What Are Your Legal Options?
Choosing the best option for you depends on the circumstances and urgency of your situation. Here are the steps you can take to get things back on track or reclaim possession of your property.
Get In Touch
As mentioned above, start with communication, either call or email your tenant (you can also get your property agent to do this on your behalf). Ask them why they have missed a payment and what their intentions are going forward. If you cannot get in touch with the tenant, you can also contact the guarantor to explore what is happening.
Start A Claim
If you have landlord insurance, pat yourself on the back. You can now reap the benefits, they should cover the rent arrears. If the tenant has left the property you can also contact the deposit holder to deduct the arrears from the deposit.
Serve An Eviction Notice
You currently have two options for eviction. The first is to serve a s21 notice which is a no-fault eviction notice. No rent arrears need to be mentioned. However, you do need to be on a periodic tenancy or at the end of fixed-term tenancy. If the tenant is over two months in rental arrears it is time to start the eviction process. To get back your control and peace of mind. This is done by serving a section 8 notice either yourself or via a solicitor. Now for the tricky bit – a tenant may pay back some of the rent after receiving the notice which can invalidate its effect. So then what?
Take It To Court
If the tenant refuses to leave and contests the eviction you will have to refer the matter to court. This is why it is important to keep all correspondence with the tenant as it may support your case.
Pass Over The Headache
Often the best thing to do when a tenant stops paying rent is to contact a property solicitor. They can advise you on the most suitable course of action and take care of the paperwork. Serving notices can be complicated due to their very specific time frames and delivery requirements. Furthermore, getting one small detail wrong can mean you have to start the whole thing again. Not only is this time consuming it is frustrating and costs you more money. We can handle the whole eviction process and ensure you reclaim your property back as soon as possible and back in the green.
From serving the correct form to handling the court appearance if necessary we can take the stress away. For a free consultation get in touch today and let us handle the headache.
Can You Change The Locks?
No, unfortunately this is not a solution. Changing the locks without notice can be classed as an illegal eviction and result in hefty fines and sanctions. It is best to do things properly and avoid additional stress and costs.
How Long Can It Take To Evict A Tenant?
Depending what route you go down it can take anything from 3- 6 months to evict a tenant. The process can take longer if a tenant refuses to leave. Also, bailiffs need to be instructed or mistakes are made with serving notices. To keep it as short and stress free as possible it is always best to speak to an experienced landlord and tenant solicitor.
Final Thoughts
When a tenant stops paying the rent it can be incredibly frustrating. Choosing how to respond can make a big difference to how quickly and smoothly you get control back. Always start with communication. Try to explore the reason behind the missed payment and if they have intentions to catch up. If so, agreeing to a payment plan is the most sensible and simple way to move forward. If it is clear they are going to become a problem, serving an eviction notice is the next step. This can be a s21 or a s8.
To qualify for a s8 the tenant must be in two months of rental arrears. If they still do not leave you may have to attend a court hearing to reclaim possession. Booking a call with an experienced landlord and tenant solicitor can pass over the headache. They can ensure you serve the correct (valid) notice and follow all the steps to keep the procedure simple, fast and cost-effective.
Finally, resist the urge to take matters into your own hands by changing the locks. This can result in more complications than it’s worth. Do things the right way, this protects your interests, property and peace of mind.
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