Landlords: What To Do When Your Tenant Defaults

Recent research has shown that nearly half of all landlords had experience of tenants defaulting on their rent payments. The MoneyTowers team have put together a guide for landlords on how to handle tenants that default.

The first thing to do is contact the tenant and ask if the payment is on its way. Communication is vital and talking to your tenant can give you a good feel for whether the problem is a one-off, or whether it is likely to be a more substantial problem.

If it is a joint tenancy and just the one tenant has failed to pay the rent, the landlord should also contact the other tenants to discuss what is going on.

Most rental contracts state that a landlord can begin proceedings against a defaulting tenant 14 days after the payment is due. However it is wise to contact the tenant via letter as soon as you realise a rental payment has not been forthcoming to let them know about the payment deadline. After two or three weeks, if payment has still not arrived, it is time to visit the tenant at home.

However, although it is vital for the landlord to keep in contact with the tenant, be careful not to harass the tenant – one or two letters or phone calls is fine, but any more than this as it could be deemed as harassment.

In the past, residential landlords were permitted to enter their property and remove some of the tenants property to make up the shortfall in the rent however this is now against the law so do not try this.

When a second payment has not arrived and the tenant is now two months in arrears, the landlord should issue a mandatory arrears notice to the tenant giving them 14 days to pay up or leave the property.

As a last resort, the landlord can take the tenant to court, however this really should the be final step as it can take up to eight weeks for the court to hear a case and the initial court order will cost £150. If a bailiff is required to remove the tenants, this can cost £95 upwards.

If the tenant disappears and rent is still outstanding, a possession order will still be required as the tenancy agreement is still in force. In these circumstances, the landlord should attempt to contact the tenant’s guarantor or next of kin.

Note that it is against the law for a landlord to change the locks or remove the tenant’s property, regardless of how late the payment is. If you believe that the tenant has moved out from your property, it is important to obtain witness statements of this fact.



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