My tenant is in rent arrears

The guide to evicting your tenant for rent arrears. You must issue the correct paperwork, should the situation not improve such documents become evidence when applying for possession and damages. Consider all your options as it is often cheaper to resolve than evict read more. From issuing the Section 8 Notice to regaining possession it could take 4 - 5 months; during which time the tenant may not pay any rent. See time for claim
 

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Rent arrears Letters - When and why they must be issued
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Serve Notice as soon as arrears are one month and seven days you should always issue a Section 8 Notice. Your notice must be 100% valid this is why we have automated production of Notices for our members see demo automated Section 8 Notice

I could not have survived it as economically and sanely as I did without the advice of RIKY’s website and helpline, you can draw your own conclusions – and call me biased if you wish.
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Apply to court - If at the expiry date of the Section 8 Notice the tenant has not paid the arrears or left see How to apply for a possession and money order or compare the two processes available 

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Prepare for court - There is always a court hearing [don't worry] We explain how to prepare for the court hearing. 
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Tenants told by the courts they must leave the property on a certain date.
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Considerations
 
 

Introduction

The courts have made the process for applying for possession and an award for payment of rent arrears using a Section 8 Notice relatively easy. It is a case of completing the notice [automated and FREE on this website, complete court forms, wait for court date, see Judge in chambers]

All the forms and guidance you need are FREE to members A solicitor can charge anything from £500 to £2500 to complete this procedure for you.  Only in the most exceptional of circumstances would we recommend employing the use of a solicitor to obtain a possession order against your tenant.
 
The greatest threats to a successful possession claim are
 
    • The tenancy in place is not either an Assured Shorthold Tenancy or Assured Tenancy (AT)
    • There are repairs outstanding which the tenant notified you of but you failed to take action
    •  You did not specify a valid address for the service of documents on the landlord in accordance with Section 48 Landlord & Tenant Act and the arrears that you are claiming accumulated before the date that you complied with this requirement.
    • Disputing rent owed. ensure you have sent rent arrears letters.
    • You issue an invalid notice, such as quoting the wrong grounds, incorrectly date.
    • Not serving the Section 8 Notice on all the names tenants.
    • Tenants deny receipt of the Section 8 Notice
 
Follow this basic guide, use our  rent arrears use our wizard or see demo , if in any doubt ring the members' helpline.

Stage 1 - The importance of issuing rent reminders

Issuing letters reminding the tenant that the rent is overdue is sometimes enough to solve the problem.  Also, if the situation goes to court, you may have to demonstrate that you took ‘reasonable steps’ to recover the arrears before bringing a claim against your tenant. For this reason, it is always worthwhile trying to reconcile the problem first- see overview rent arrears letters

Importance of keeping guarantors informed

Additionally, where there is a guarantor in place, you should also send them letters explaining the situation. This is useful since they can legitimately apply pressure on the tenant to pay you. The guarantor knows that they may ultimately be liable if the tenant does not pay. Also, notifying the guarantor is a requirement should you wish to take legal action against them at some point in the future? Guarantor Notification of Rent Demand and Guarantor Notification of Rent Demand (Final Warning Prelude to court action) 
 
 Plan B - Consider issuing Section 21 notice 

Stage 2 - Serving The Section 8 Notice

Having complied with stage 1, "demonstrating that you have taken ‘reasonable steps’ to recover the arrears, you are able to bring a claim against your tenant.

Now you should issue a Section 8 notice seeking possession under the Housing Act 1988 as amended.  Remember to always keep a copy of the notice you serve and record some proof of service.  Without this the tenant may allege that the notice was not received or validly served and so the court may throw out the claim and oblige the landlord to begin the procedure from scratch

  1. Issue a Section 8 Notice  rent arrears use our wizard  or see demo 
  3. Optional cover letter with Section 8 informing them you are applying for a court order seeking possession, a court order for costs, legal expenses and a CCJ.  pre court Formal Demand For Overdue Rent

Proof of service.

If you send recorded also send a copy registered/special delivery; consider delivering notices personally to the property with a witness. How to serve a Section 8 Notice. read.
Or save time and effort use our automated Section 8 rent arrears Notice   click here or see demo 

Stage 3 - How to apply for possession and money award 
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