What to do if my tenant stops paying rent

Non-payment of rent happens to the best of landlords from time to time, but that doesn’t make tenant rent arrears any less anxiety inducing – especially if you’re a buy-to-let landlord relying on the monthly rent to pay your mortgage.

Over the past two years, things have been even more difficult with the financial impact of the coronavirus pandemic hitting landlords and tenants alike.

Whatever the climate, in our experience there are three things you need to think about, throughout the tenancy to make sure you’re in the best position to act if your UK tenant stops paying rent:

1. Be organised – have a good system in place to monitor payments, so you know straight away if there’s a problem. Make sure you have covered off all the essential requirements of being a landlord too – that your tenant has the government’s ‘how to rent’ guide and the correct gas safety certificate, for example. This will help if you do need to start the eviction process.
2. Communicate – keep in touch with your tenant, without hassling them. Be approachable, so they will come to you first with any problems and be proactive in directing them to sources of debt advice.
3. Know the law – understand the process when it comes to chasing up late payments. This will make it a lot less daunting if you need to go down the legal route.

What Is The Current Situation Regarding Tenants Who Can’t Pay Rent, UK?

The Coronavirus Act 2020 increased the required notice period that landlords must provide to tenants when seeking possession of a property. Rules to protect tenants were also in place preventing evictions from taking place. Until 31st May 2021, landlords needed to give the tenant six months’ notice before starting possession proceedings for unpaid rent, unless they already owed six months’ rent. Since 1st August 2021, the notice period was reduced to two months’ notice. The legislation preventing bailiff enforcement of evictions has now expired too, meaning court possession orders can now be enforced where the landlord has a valid warrant.

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How To Evict A UK Tenant For Rent Arrears

1. Record All Payments

Before problems arise, make sure you have efficient processes and procedures, especially if you have more than one tenant. Send dated receipts to your tenants after each rent payment has been received, this will make life easier if you need to go to court.

2. Approach Your Tenants As Soon As Possible

Don’t wait around, in the hope that they will get around to paying their rent. Contact them to establish why they haven’t paid and, by being transparent with each other, you might come to a solution between you. If they still can’t pay rent and are open to leaving the property, then it might be best for you to cut your losses.

3. Put It In Writing

Next, write a formal demand letter to your tenant, ideally delivered by hand. Request that all overdue arrears are paid without delay and stipulate that all future payments should be made in full and on time. Advise that if they fail to pay rent, then this could lead to court action being taken.

4. Do Everything By Legal Means

Do not enter the property without the tenant’s permission, remove any belongings or change the locks – this could lead to you being on the wrong side of the law and you need to follow the correct legal process to gain entry.

5. Write To Them Again

If you have not received payment after fourteen days of the original due date, send another letter advising them that you intend to seek possession of the property. If they have a guarantor, you should also inform them in writing at this stage.

6. And Again

After 21 days, send another letter to both the tenant and guarantor, if necessary.

7. Decide Which Route You Will Use

Once the rent is a month overdue, and the next month’s rent is also due, your tenant is considered to be in two months of arrears and you can now take action to seek possession of the property. There are two ways you can evict tenants with assured shorthold tenancies, under the Housing Act 1988:

Section 8 Notice

If your tenant has breached their tenancy agreement by failing to pay rent, then you can legally give them a Section 8 notice at any point during the tenancy.

Section 21 Notice

If the fixed term of the tenancy has ended, or you have a periodic tenancy, then you can give the tenant a Section 21 notice to seek possession, and you do not have to provide a reason for this. This can only be done after the tenant has been in the property for more than four months.

The government pledged to end Section 21 evictions – though no details are available so far – check the latest position on the gov.uk website. If you are unsure about the eviction process and which notice to serve, you should seek professional advice.

8. Go To Court

If your tenant is in rent arrears, then you can go to court to seek possession of the property. This is why it is so important to evidence that you have followed the correct procedures to avoid the judge ruling against you.

What Will The Court Do?

The court may decide that the tenant has to leave the property, or it could allow them to remain in the property, if they agree to pay the money they owe, and stick to the conditions of the tenancy agreement. A judge also has the power to add a money judgement to cover rent arrears, court fees and legal costs.

For more information on how long it takes to evict a tenant, check out our article.

Get Cover For Unpaid Rent

Landlord insurance may be worth looking into if you would be unable to pay your buy-to-let mortgage, if your tenant was to default. Landlord insurance covers landlords for the loss of rent if the tenant doesn’t pay, and also some of the costs that are involved in evicting a tenant.

Dealing With Arrears – A Landlord Checklist

Five things to do now to help avoid arrears:

• Keep communication channels open with tenants so they will come to you before problems escalate.
• Signpost them to benefits such as universal credit and housing benefits.
• Consider a payment plan – talk openly with your tenants and pull together a realistic plan that works for you both and will see them through their difficulties.
• Speak to your own lenders – don’t wait until there is a problem if you have a buy-to-let mortgage and you are struggling.
• Find out if help is available to you too as a self-employed landlord.

Find Out More

If you are a landlord in East London and would like to talk to us about dealing with rent arrears, as well as many other aspects of letting property – we’d be happy to help.

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