Property Doctor - free help and advice

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.