What if your tenants do not pay their rent?

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If you let your property, you will want to see that the rent is paid in full and on time.

Most landlords therefore use a particular type of tenancy agreement called an assured shorthold tenancy which sets out the tenant’s obligations.

What happens if something goes wrong and the tenant stops payment, or cannot pay?

In this situation a landlord always has a choice – to pursue the tenant for the missing rent without trying to end the tenancy, or to obtain a Court order ending the tenancy and telling the tenant to pay the outstanding rent.

Most landlords prefer this second choice because they can re-let the property to a new tenant who is able to pay.

Before the Court process can begin the tenant must be given a notice in a particular format – known as a Section 8 Notice. It is a strict legal requirement that the right sort of Notice is used and that it includes the correct wording.

Where rent is paid monthly and more than two months’ rent is unpaid, both at the date of the Section 8 Notice and at the Court hearing, the Court has no choice but to end the tenancy.

Unfortunately many landlords arrive at Court hearings only to discover that the Judge has to allow the tenant to stay in the property because they have inadvertently failed to comply with those legal requirements.

Landlord and tenant law can be complex but the Owen-Kenny Partnership have expert advisors who will be able to guide you through these technical details.

Contact us at the Owen-Kenny Partnership 01243 790532 or www.owenkenny.com

Sara Fildes Solicitor & Director,

Owen-Kenny partnership