When a tenant stops paying rent it can create immediate financial difficulty for landlords particularly where mortgage payments insurance premiums and service charges continue to fall due. In England and Wales landlords must follow the correct legal procedure to recover possession of their property and any outstanding rent. Taking matters into your own hands without following the lawful process may expose you to serious legal consequences including allegations of unlawful eviction under the Protection from Eviction Act 1977.
Confirm The Rent Arrears And Review The Tenancy Agreement
The first step is to confirm the precise amount of rent that is outstanding and carefully review the tenancy agreement. The tenancy agreement will set out the rent due dates and any provisions relating to late payment of rent. It is also important to ensure that you have complied with your obligations as landlord including protecting the tenant deposit in an authorised tenancy deposit scheme and providing the prescribed information required by law under the Housing Act 2004.
Landlords should also check that the tenant has been provided with the necessary documentation including an Energy Performance Certificate a Gas Safety Certificate where applicable and the most recent version of the How to Rent guide where the tenancy is an assured shorthold tenancy. A failure to comply with these obligations may result in any notice seeking possession being deemed invalid.
Attempt To Resolve The Matter Before Commencing Proceedings
Courts in England and Wales expect parties to attempt to resolve disputes before commencing legal proceedings. Early communication with the tenant may lead to payment of the arrears or the agreement of a repayment plan which avoids the need for court proceedings. All correspondence should be retained as evidence in case litigation becomes necessary.
You should consider:
• Sending a written reminder of the outstanding rent
• Requesting payment within a specified timeframe
• Offering a structured repayment plan
• Keeping records of all communications
• Avoiding behaviour which could be viewed as harassment
Landlords must not attempt to remove tenants from the property without obtaining a court order as doing so may amount to unlawful eviction which is a criminal offence.
Serve A Section 8 Notice
Where rent arrears reach at least two months the landlord may be entitled to serve a Section 8 Notice under the Housing Act 1988 relying on Ground 8 of Schedule 2. Grounds 10 and 11 may also apply where some rent remains unpaid.
The notice must be in the prescribed form specify the correct grounds and provide the appropriate notice period which is typically fourteen days in rent arrears cases. If the notice is defective the court may dismiss the claim resulting in delay and additional cost.
Issue Possession Proceedings In The County Court
If the tenant fails to remedy the arrears following service of the notice the landlord may issue possession proceedings in the County Court. Where Ground 8 is satisfied the court must grant possession provided the arrears remain above the required threshold at the date of the hearing. The landlord may also seek a money judgment for the unpaid rent.
If your tenant has stopped paying rent it is essential to seek legal advice promptly to ensure that the correct procedure is followed and delays are avoided.
Contact Penerley Solicitors today to begin the process of recovering possession of your property and the rent that you are owed.
