If you are a landlord of a property let under an Assured Shorthold Tenancy Agreement, it is important to be aware of your options should your tenant fail to pay rent.
One way to claim rent arrears from a tenant is by issuing possession proceedings under Section 8 of the Housing Act 1988. Section 8 includes a ground for possession where the tenant is in two or more months’ rent arrears. This means you can rely on this ground to obtain possession of your property and secure a court order for the outstanding arrears.
You must serve a Section 8 Notice prior to issuing court proceedings to allow the tenant time to vacate the property. For serious breaches of the tenancy agreement, such as rent arrears of two months or more, you may give the tenant two weeks’ notice. If the tenant does not vacate after the notice period expires, you can issue court proceedings to obtain possession.
Alternatively, you can seek possession of your property via the Accelerated Possession Procedure, governed by Section 21 of the Housing Act 1988. The court will not make an order specifically for the outstanding rent arrears under this route, but you may recover the arrears separately through debt recovery after possession has been obtained.
We have a Landlord and Tenant Team at Churchers who deal with possession matters, as well as a Debt Recovery Team who can assist with recovering outstanding rent arrears.
Please do not hesitate to contact our Dispute Resolution Team to discuss this further and call us on 01329 822 333
https://www.churchers.co.uk/services-individuals/dispute-resolution/
