Tenancy fell into arrears

[Morgan_Randall]

Landlord:

Hi, I let my property out privately to a tenant who seemed really
friendly at the time and his references were ok. After 4 months into a
12 month tenancy he fell into arrears. I contacted him by telephone
and left him messages but he didn’t call back. I probably left at
least 5 messages, around one a week. After two months, I went round
there and the tenant apologised but said he would pay up shortly and
there had been a delay in his pay. He does contract work and hasn’t
been paid yet. I said he could have two weeks to pay up but he hasn’t.
Now he doesn’t answer the phone or the front door. What do you
suggest?


Morgan Randall expert:

Hi, thanks for your message. Firstly, don’t worry this is
unfortunately a situation that from time to time does arise. I would
suggest that you communicate with the tenant in writing keeping a
clear log of the date and time you make contact as this information
would be useful if the case ends up in court. Ensure the tenant knows
exactly how much he is in arrears and how to pay. Now the tenant is
two months in arrears, assuming the tenancy forms an Assured Shorthold
Tenancy we would recommend you consider serving a Section 8 for rent
arrears. This is a notice which gives the tenant 14 days to pay. If he
is unable to clear the arrears you can then apply to the court for a
possession hearing during which the judge may award possession to you.
Unfortunately there is a cost associated with this route, however it
is the most effective and quickest. For further information, we can
put you in touch with a firm of solicitors who can carry out the
Section 8 notice on your behalf. In the mean time, see if you can
contact the tenant and advise him of your intention to take action
unless the arrears are received by 14 days time this gives him the
opportunity to pay up and prevent further action. Hopefully the
thought of legal action may persuade him to pay up! Best of luck.
Please keep in touch and let us know how you get on.

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