Dealing with Rent Arrears

publication date: Feb 3, 2010
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One of the most important factors in dealing with rent arrears is to carefully monitor rent payments. A key factor in effective arrears management is to deal with the problem as soon as it arises. To do this, you need to check payments are made on the rent due day. If no payment has been made, check for rent payment over the next 7 days. If still no payment has been made then you need to send an arrears letter.

At this point, you could also consider contacting the tenant by phone - just to see whether there has been a simple oversight. This may be all that is needed. A note of caution though with regard to telephoning the tenant: it is worth being mindful of the Protection of Harassment Act 1997.

The arrears letter should initially state that rent is outstanding, insert the date that the rent is due. It should outline the terms of the tenancy agreement stating that the terms are now in breach. Ask for the rent to be paid within 7 days of the letter date and also ask the tenant to contact you to discuss whether there are any problems. THe letter should state that if the tenant fails to pay rent, or make any contact, you will take what action you can - including serving notice.

Notice could be under Section 21 or under Ground 8 which can be used in a fixed term. For monthly rental payments the landlord would need to prove that the tenant owes at least 2 months rent at the time the notice is served, and that 2 months rent is owed on the date of the court hearing.



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