There are various reasons why an individual will want or need to rent out their residential property but what can you do if your tenant stops paying rent?

In cases involving assured shorthold tenancies (which most short term residential tenancies are), a landlord can apply to the Court for possession if a tenant is in arrears of rent. How much rent needs to be outstanding in order to get possession? Rent needs to be unpaid for 2 months where rent is paid monthly under the terms of the tenancy and 8 weeks where rent is paid weekly.

The starting point is service of a notice in which a landlord must set out how much rent is owed and inform the tenant that proceedings for possession will be commenced no earlier than 2 weeks from the date of the notice.

On expiry of the notice the landlord may issue proceedings at the Court. The Court will fix a date for a possession hearing. If at the date of the hearing the arrears remain then the Judge must order possession. If the tenant has paid the arrears, the landlord can still ask the Judge for possession by arguing that the tenant has persistently delayed in paying rent in the past. However in this instance the Judge will have discretion whether or not to order possession and will only do so if he considers it reasonable.

If possession is ordered, the Judge gives the date on which possession is to be given. If on this date the tenant still fails to vacate then it will be necessary to instruct the Court bailiffs to remove the tenant.

Removing a non-paying tenant from your property is one thing, but how can you recover the rent arrears? A tenant is usually in arrears because he/she simply has not got the funds to pay the rent. It is possible to ask the Court for a money judgment at the same time as a possession order but the chances of you ever seeing the money are often slim. There are however practical ways to (a) minimise the chances of your tenant falling into arrears in the first place and (b) maximising your chances of recovery:
1. Check your tenant. Take references.
2. See if you can obtain a guarantee, for example from a tenant’s parent.
3. Take a sizable rent deposit (but make sure you comply with the relevant legislation covering tenant’s deposits).