As a landlord, recovery of rent is an essential part of making sure you have a sound business and investment. When a tenant falls into arrears it can be frustrating and, unfortunately, quite difficult to put right.
It is beneficial to instruct a legal expert at the start of any proceedings or disputes. This ensures that each step is measured and carefully meets the strict laws in place.
The first step is to put together a detailed schedule of rent arrears. It must also be considered whether the tenant has the means to pay such arrears. If a judge orders the tenant to pay and the tenant does not have the means, then it is unlikely that the landlord will not receive payment.
The next stage is to determine whether the landlord wishes to gain possession of the property, as well as bringing a claim against the tenant.
If possession of the property is required as well a section 8 notice can be issued which will allow the landlord to recover rent arrears at the same time as the property. However, some landlords may opt to serve a section 21 notice if they feel they are unlikely to receive payment and want to focus on the repossession of the property.
If an eviction is not sought, as perhaps the tenant has already vacated the property, then a claim for the arrears can be brought in the County Court.
Understanding the most effective route to possession or recovery of arrears is not easy and so it is advised that an experienced solicitor is instructed as soon as possible. GA Solicitors’ specialist team is on hand to guide you through each step and ensure your investment is protected.