Rent arrears: what to do if your tenant's not paying rent

    Rent arrears: what to do if your tenant's not paying rent

    On 1 April 2022, the energy price cap increased by 54% allowing energy companies to charge up to £1,971 per year. With so many households already struggling, this increase will likely push tenants to their financial limits, resulting in more renters falling into arrears. Whilst this isn't good news for landlords, there are steps that can be taken.

    What can you do if you are a landlord?

    If your tenant has fallen into arrears, you may be able to serve a notice on your tenant giving them 14 days to vacate. Unfortunately, many tenants will not vacate at the end of this notice period and an application to court for an order for possession will be required.

    What will the court consider?

    If the rent arrears are greater than or equivalent to two months’ rent, a judge must order the tenant to give possession of the property back to the landlord. However, if the rent arrears are less than two months, the judge can use their discretion when deciding whether to grant an order for possession.

    An order for possession will usually require the tenant to give you possession within 14 days of the date of the order, but there are circumstances in which this period can be extended.

    What happens if my tenant refuses to leave?

    A tenant will be required to leave on a date specified in the order for possession. If a tenant chooses not to give the property back to the landlord on that date, a final application to the court for a warrant for possession will be required.

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    We have a specialist Property Litigation Team who can advise on a variety of property disputes. If you have any questions or concerns, talk to us.

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