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Rent Arrears  - Assured Shorthold Tenancies (After 1988)
Rule 1: It is never a good idea to enter into an argument with your tenant.  They are your paying customer and, literally, hold the keys to your 'landlord life'.
  • Do not let arrears build up before doing anything, REGARDLESS of tenant assurances.
  • ALWAYS get proper advice on when and how to serve Notices - you cannot give a residential tenant a months' notice, so what you assume is possibly wrong.
  • Do not threaten the tenant if arrears are not paid.  The Courts take a very serious view of harassment and illegal eviction - implied or otherwise.  Punishments are life-changing.
  • Whatever the reason, however well you know the tenant; if the tenants have fallen into arrears, serve the necessary paperwork as soon as it is legal to do so.  If they pay, you can always tear it  up.
  • Tenants must be two months' in arrears before you can serve a Notice, so if the papers are served correctly, you could have a Court Possession Order two months thereafter.
  • Two months may seem a long time, but, it's the law.
  • The circumstances surrounding the arrears are all important as to how you negotiate the problem.  A good tenant who has lost their job is normally a more salvageable situation than a relationship break-up.
 
     
       
     

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