One of the biggest concerns that a landlord can face is if tenants stop paying rent for whatever reason. This could affect the monthly mortgage payments you have to make and can be incredibly stressful. You need to understand the legal requirements behind your tenant’s rights and your own.
So here is a guide to what to do if your tenant stops paying rent.
Make Sure Your Records Are Up To Date
When taking rent payments, you should always keep a record of them, including dated receipts or confirmations. This can be helpful if it comes to trying to evict the tenant to prove they have stopped paying.
Talk It Through
Try and talk to your tenants to find out why they have stopped paying. This might be a short term cash flow problem that will soon be dealt with, and you might be able to devise a solution such as paying extra next month or in instalments over time to make up the lost money.
Try to be flexible if they have been a reliable tenant in the past. If they can’t pay and are willing to leave, you should consider letting them break their contract and move out so you can find clients that will pay.
Formal Warning
If the negotiations haven’t gone well or they are avoiding you, send a formal written demand to the address. Outline how you need the money paid immediately and that future rent needs to be paid on time, or further action will be taken. If nothing happens following this, inform them by another letter that you are planning to claim possession of the property.
Claim Possession
If rent is over a month late, you can begin the process of seeking possession as they have breached the terms of their tenancy agreement. You can take them to court over rent arrears and serve them an eviction notice to get them out. The court can order the tenant to leave by a certain date and pay for what they owe you.
Legal Advice & Eviction Notices From DJP
If you need legal advice surrounding complex Scottish eviction law, get in touch today with DJP Solicitors. Our solicitors have a great understanding of eviction law, able to help handle a broad range of types of disputes. We can help you follow the correct legal protocol and serve the eviction notice to your tenants. We only serve the notice and do not actually evict people.
So if your tenant has stopped paying rent and you need legal advice, call now on 01224 590053 to book a consultation with one of the team. If you’d like to find out more about the various areas of law we can help in, visit our website today.
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