Renting out your property is stressful.
And it’s only made worse when your tenant isn’t paying their bills!
So, how long should you wait before evicting a tenant who isn’t paying?
Let’s take a look…
What are rent arrears?
‘Rent arrears’ is the term used for unpaid rent that’s owed to a landlord. If a tenant falls into rent arrears, it means that they owe the landlord money.
Each landlord will have different approaches towards rent arrears. Some may have a zero-tolerance policy.
While others could be open to discussion.
How much rent arrears before eviction?
In the United Kingdom, a tenant must miss two months of payments before the landlord can file for eviction.
This is done using a Section 8 notice. If the tenant pays weekly, then this equals 8 weeks without payment.
Some landlords will choose not to evict after 2 months. Some will speak to the tenant (or have their property management company speak to them) to find a solution.
This could be because they like the renter, or because finding a new tenant is a lot of hassle.
Keep in mind that the landlord can apply to a court for eviction after 2 months rent arrears. But that doesn’t necessarily mean the court will grant it.
The circumstances will make a difference, such as whether the renter provides a clear payment plan.
Can a landlord file for eviction after one missed payment?
No. A landlord can’t evict a tenant after one missed payment in the UK.
There must be two months of rent arrears before they can apply for eviction.
However, a landlord has every right to speak to the tenant about the situation after one month.
This could include seeking solutions, so that the situation doesn’t get worse.
Can a tenant avoid eviction even with rent arrears?
Yes, this is possible. Some landlords are more lenient about this than others.
If the tenant proposes a payment plan, then the landlord could be open to this. Especially if interest is added on top as compensation.
Explaining exceptional circumstances (e.g. being made redundant) can cause some landlords to be patient. At the same time, others might not approach it any differently.
Will rent arrears get paid after evicting the tenant?
Yes. A court order could be issued that forces your tenant to pay you. Landlords have 6 years to claim this.
Likewise, even if the tenant has already been evicted, you can still file a new motion to gather the rent you’re owed.
Landlords can also claim back the deposit in their deposit protection scheme.
Speak to a solicitor to give yourself the best chance of success.
