Help, my tenant owes me money!

by | May 12, 2016 | Blog Posts

Red House | Levi Solicitors Leeds Wakefield Bradford Manchester

Having a buy to let property can be a good way to bring in an extra income stream.
However, what can and should you do if your tenant stops paying their rent?

Telephone the tenant

As a first port of call, give your tenant a call or pop round to the property to speak to them. There may be a good reason for the delay, and keeping good landlord and tenant relations can be very useful in the long run.
A sensible and calm discussion can often bring about a payment of the arrears. Try to keep a note of when you have spoken to your tenant and what was agreed.

Send a written demand

If a conversation does not work, write a letter or email to your tenant, setting out the amount of rent arrears and reminding the tenant of their obligations under the tenancy agreement. Make sure you keep a copy of your letter.

Serve a notice

Rent arrears is a ground for possession for most types of tenancy. Before proceedings can be issued, a notice must be served on a tenant, warning them of your intention. Service of a notice seeking possession, setting out the amount of rent arrears can often encourage a tenant to pay up the arrears to save them from eviction, or to make an arrangement to pay the arrears over time.

Possession proceedings

Within certain types of possession claim, we can ask the Court to make an order for possession of the property, and a money judgment for the amount of rent arrears.

Money claim

If your tenant has vacated the property, or you want to recover the arrears without obtaining possession, you can issue a claim for the arrears in the County Court. A County Court Judgment will affect a tenant’s credit rating and could affect their ability to obtain a tenancy with a new landlord.
If the tenant does not pay the amount ordered by the Court, there are various methods open to a landlord to enforce the judgment, which can also be used if your money judgment is obtained alongside a possession order.

How can I avoid this?

Unfortunately, this is the million dollar question. While one cannot predict whether someone will pay their rent, there are a few ways to try to give you the best chance of getting your rent.

  • Carry out credit checks;
  • Get a reference from the former landlord;
  • Take a rent deposit
  • If you are unsure, ask your tenant for a guarantor.

Do you have a problem with rent arrears? Call our property dispute team for a free consultation on 0113 244 9931.

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