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Dealing with Tenants in Serious Rent Arrears

Dealing with Tenants in Serious Rent Arrears

In a recent case, we obtained a Possession Order against a tenant who two months in rent arrears. Under Ground 8 of Schedule 2 to the Housing Act 1988, two months arrears
of rent triggers a mandatory ground for possession (where rent is paid on a monthly basis).
This means that once the tenant is in more than two months arrears at the date when the
Notice of Seeking Possession (NOSP), and at the date of the Court hearing, the Court
MUST order possession. In the popular programme, ‘Can’t Pay, We’ll Take it Away!’, I was
surprised to learn that a landlord had not been paid for ten years by a tenant and was only
now plucking up the courage to evict the tenant. There is no need to wait that length of time,
although one can fully understand that many landlords (especially individuals) will feel
powerless in the face of a tenant who is refusing to pay rent. There is no need, however, to
sit down and accept what is a clearly unacceptable situation. Once the relevant procedures
are followed, then possession must be ordered. We would then need to apply for a County
Court Bailiff or High Court Bailiff to evict the tenant if they remain in possession after the time
period giving him the Possession Order (typically fourteen days).

If you are a landlord who is dealing with a tenant in serious rent arrears, please do not hesitate to contact us on 0208
858 5996 or email us here

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