What a Landlord Should Do When Their Tenant Has Fallen Into Rent Arrears

Do you know how to handle a tenant that’s fallen into arrears? This can be a difficult issue for landlords as you have to be careful to remain compliant with all of the relevant legislation throughout your process. Also, many landlords do not have a systemised formula for dealing with these situations, leaving them with the sense that they are unprepared. Today, we’re going to cover some of the do’s and don’ts of chasing rent arrears. We’re also going to discuss which legal notices to use, as well as the process we recommend for handling these complicated situations. 

 

A Tale of Two Tenants

At Concentric we have found that there are two different types of tenants who fall into arrears. There are those who do so against their will who have simply fallen on hard times and cannot pay at the moment. On the other hand, there are those who are capable of paying their rent but refuse to do so of their own volition. The tenants in the latter category are always more challenging to deal with. You need to have a process in place so that whether the tenant falls into one category or the other, you will know what to do. 

 

Dos and Don’ts of Chasing Rent Arrears

As you form your process, we’re going to share with you our recommendations for what you should and should not do in these kinds of situations. First of all, communication is key. You should try to make contact with the tenant as soon as you become aware of the missing payments and see if there is a problem and what it might be. 

You can use these communications to ascertain which group the tenant falls into, and hopefully, work your way to a solution that satisfies all parties. The first step to take when a tenant misses rent for 7 days is to send a formal letter demanding the payment. Then a follow-up letter should be sent again every 7 days throughout the process. During this time, you should also be attempting to contact them through phone or email to see if you can get an explanation and negotiate a plan for payment. 

It is of the utmost importance that you do not harass them. Contacting your tenant every hour of the day is legally defined as harassment and should be avoided. Rather, only contact them at previously scheduled times. 

If a tenant is simply unable to pay, it may be worth making an application to Universal Credit for a direct payment. The great thing about this step is that there is no harm done whether or not the tenant is actually in receipt of payments from Universal Credit. All you need to do is make an application. This can be a way to alleviate the tenant of the responsibility of making the rent payments themselves. 

 

What To Do When They Just Won’t Pay

Speed is of the essence when it comes to responding to tenants who are refusing to pay their rents despite their economic ability to do so. In these cases, we recommend quickly acting to take possession of your property. Ensure that the letters demanding rent are sent promptly every 7 days and then on the 28th day, you should send a notice of possession as soon as you can. You need to take court action as soon as you are legally able to do so. Now, you may be wondering, what is the appropriate notice to send tenants in arrears?

Serving a Section 8 notice is what we recommend, citing the grounds you wish to rely on (usually 8,10 and 11). It is the notice to send when the tenant is in two months of arrears or more. We recommend it because it comes with a 14-day notice period in England and is the quickest way to secure possession of your property in these cases. 

You may have also heard of serving a Section 21 notice to tenants in arrears. This is a valid option. However, the notice period on Section 21 is 2 months long, delaying your ability to deal with the situation effectively. 

 

Final Thoughts

In the end, communication is the most important aspect of responding to tenants who have fallen into arrears. For most tenants who may be struggling with financial difficulties and cannot pay the rent, communication will be a way to understand their problems and negotiate a payment plan that will work for you and them. Unfortunately, most tenants who refuse to pay of their own free will are not very communicative, and legal action is usually required. Comprehending the current legislation pertaining to these issues is important. A helpful resource that we recommend is Gov.UK, a site that will give you the latest guidance as well as information on the legal notices we’ve discussed today. 

Hopefully, this has given you more insight into what to do when a tenant falls into arrears. We at Concentric are dedicated to helping landlords manage their rental properties and have released tons of content that will help and advise you with practical step-by-step guidance on the specific legislation that matters for landlords. 

Visit and Subscribe to our Youtube channel for more legislative updates on how to handle your properties and tenancies in these challenging times.

Electrical Certificates – why every landlord should have them

The risks

Imagine if you picked up the phone in the middle of the night to be told that there was a fire at your rented property. As horrific as that news would be, one of the first things that the fire department, the police, and the insurance company would check is whether or not the electrics and electrical appliances within the premises were safe, or whether they could have been the cause of the fire.

And if that were the case, who do you think liability would automatically be with?

If you fail to produce a valid electrical certificate, it could very well be you, the landlord. That would mean that not only do you risk prosecution, but it’s highly unlikely that your insurance would payout.

But, if you have a valid, up to date certificate from a qualified electrician, then you have proof that you have done everything you can to ensure that the electrics in that property are safe. In that case, liability would no longer lie with you as the landlord, but with the electrician, as the question would be whether he had completed the work properly, or with the tenant, who has a responsibility to take care of the property while he or she lives there.

Is it law to have an electrical certificate for my property?

It will be, as right now Government are in processing a law which will mean that all rented properties will have to have electrical checks every 5 years. However, until that time, most agencies are recommending that their landlords get ahead of the game and make sure that all new tenancies start with a valid and up to date electrical certificate, before the tenant moves in.

That’s because, under the Consumer Protection Act Section 37 and Section 19, you have a responsibility to guarantee that your property is safe and fit for tenants to live in. And having an electrical certificate is part of that responsibility.

What will the new law mean for landlords?

Landlords will be required to have electrics checked in their properties every 5 years. This is mandatory, and must be carried out by a qualified electrician. This will be phased in over 24 months; in the first year, all new private tenancies will be affected, and in the second year, all existing private tenancies will also have to adhere.

If a property has recently had an electrical installation condition report (EICR) and has a valid certificate, then the property will not be required to have an inspection until 5 years has lapsed since the date of issue.

What will the required checks include?

The new legislation will require 5 mandatory recommended electrical safety features, which are:

What’s the difference between an EICR and a PAT test?

When we talk about getting an electrical certificate for your property, we’re really talking about the EICR – this is a test carried out by a qualified electrician, and tests the infrastructure of the properties electrics. As detailed above, this includes the wiring, units, plug sockets and switches etc.

A PAT test is really there for the appliances within that property. That would be anything that you include as portable appliances in the property, which might be things like a fridge or freezer, electric oven, dishwasher etc. It’s not mandatory for you to have a PAT test, but some landlords like to get one if they do include these appliances, as again, it provides an extra layer of cover if anything should happen.

In conclusion

While it’s not law to provide an electrical certificate at the time of writing, it’s highly recommended that you obtain one. It’s a small price to pay for peace of mind that your property is safe, and that you won’t be held accountable if something should go wrong.

The Government will be changing the law on this soon, so get ahead and make sure that you’re properties are protected, if not on existing properties, but on all of your new tenancies going forward.

If you are looking to keep all your properties safe by staying compliant with current legislation, click HERE to download our FREE compliance checklist.

7 things landlords might not know about LHA tenancies

It’s a common phrase you see rounding off nearly every rental listing - “No DSS”. DSS – being the now-defunct Department of Social Security – refers to LHA tenants, the catch-all term for low-income tenants who claim Local Housing Allowance (LHA), named after the now-defunct Department of Social Security. 

LHA tenancies have become a bit of an enigma due to the lack of uptake on them. As such, they are an untapped market for many investor landlords, and offer a great opportunity to create a solid portfolio. 

Much is said of LHA tenancies in the lettings world – they’re unreliable lets, they’re a one-way ticket to rent arrears, and so forth - but it’s important to separate the truth from the myth. Here’s some facts you might not know about LHA tenancies:

1)    LHA is a capped flat rate allowance, calculated based on the size of a tenant’s property and the area in which they live. This means tenants need to source a property before their allowance can be calculated. Potential LHA landlord investors should research market values of low-income areas and make sure any properties they would like to let would qualify to be LHA-funded.

2)    Only 30% of available properties in a given area in the UK are affordable to LHA tenants with an even smaller percentage actually renting them due to “No DSS” policies. Due to supply and demand, if you have an affordable property, you could tap into a pool abundant with potential tenants.

3)    Landlords by default can have LHA paid directly to them if the tenant incurs 8 weeks’ arrears, but can apply for direct payment BEFORE this happens. Contrary to popular belief, local councils assess applications on a case-by-case basis and are open to paying landlords directly for a variety of reasons. If you have concerns about a tenant’s ability to pay, council help is always available.

4)    Many local councils, housing charities and letting agencies host direct letting schemes to introduce landlords to low income tenants. This means LHA tenancies are often easier and quicker to set up, which could benefit landlords dealing with vacancies and short-term lets.

5)    Some local councils in Northern England are part of the Empty to Plenty scheme, which helps house LHA-qualifying tenants by guaranteeing the safety and compliance of landlords. The scheme aims to reduce empty properties by assisting landlords with their lets, including options such as leases through housing associations or refurbishment loans for derelict properties of up to £15000. 

6)    As part of the Green Deal, LHA-qualifying tenants can also claim government benefits for replacing old appliances with new, energy efficient models. This means landlords could potentially have boilers, ovens and other expensive appliances upgraded at zero cost.

7)    If it is found that your tenant has been fraudulently claiming LHA and you have been directly receiving the payments, you will not be responsible for the repayments as long as you can prove you were not aware of any wrongdoing, so keeping of records is vital when handling LHA tenancies. 

Due to landlord reluctance, LHA tenants have developed a less-than-favourable reputation, but not all LHA tenants are the same – they can be employed or unemployed, disabled or fit for work, have families or be single. Specialising in LHA tenancies could prove to be a worthwhile investment – not only would you helping many people in need, but you could build a strong portfolio that generates regular cash flow. 

If you are interested in letting to LHA tenants, always have a full discussion with each applicant about their financial situation, what requirements they have for their property and request a full reference. If you’d like further help, you can get in touch your local Concentric branch, who can offer you further guidance and support on meeting LHA property standards and sourcing tenants.

Rent arrears - what landlords need to know

Being a good landlord means having to deal with problems as they arise, whether it’s appliances that have stopped working, issues with neighbours or the tricky situation of handling rent arrears. You may have vetted your tenants thoroughly and to the correct procedure, but it’s not always a guarantee that they’ll pay on time. Sometimes, a tenant will hit hard times – they may lose their job, go through a major life change, or simply have a tough month with expenses - and you need a strategy to deal with rent arrears when they happen.

Whether you’re an independent or working through a letting agency, you should have a ‘process’ – a fair, regular system for dealing with arrears that you stick to for every tenant. A predetermined system proves that you treat all your tenants equally, which should help you especially if you ever face allegations of harassment. It also helps you gather evidence in a chronological order for court cases should it get to that stage.

On that topic, first things first - do not harass! Any threatening language or behaviour towards the tenant or their family and friends, even passive-aggressive acts such as cutting off supplies, will hurt your relationship with them and come back to haunt you if you have to take them to court. You have a duty to maintain your property and be professional – keep focus on the tenant’s side of the agreement, not yours.

Here’s what every strong rent arrears management system should have:

  1. An entry for guarantors. You should always secure a guarantor if you feel an application is weak. If a guarantor is secured, include them in all rent arrears communications as though they are a tenant. They are owed the same information so give it to them.
  2. A tenancy agreement that puts responsibility with the tenant on rent payments. You should definitely look into getting a tenancy agreement that asks for rent advances, especially if a guarantor is not an option. Most tenancy agreements will put responsibility of rent advances on the tenant, not you – make sure this is the case.
  3. A commencement date of the rent deadline. The account technically enters arrears on the day the payment is due if it is not received.
  4. Communications that are made one week, two weeks and three weeks after the account is in arrears, giving a polite call and letter that increases in severity each time. The letter acts as evidence of you attempting to collect rent, while the call enables you to get an immediate response. Keep records of the response you receive. Don't solely rely on emails – they are too informal and can be forwarded and distributed online beyond your control.

Once a tenant has passed through this system, you enter week four of arrears and you are now owed 2 months’ rent. At this stage, you have a right to repossess and you must prepare your paperwork. To bring the case to court, you must send a Section 8 notice citing grounds 8, 10, 11 to the tenant, along with a notice that you will commence court action in 14 days, with two days allowed for service.

Whether you have go to court with a tenant or not, chasing rent arrears can be a difficult process, both personally and professionally. This system is simple, legally compliant, neutral and effective for keeping record of arrears that can be easily referred to. At Concentric, we specialise in helping landlords in difficult circumstances, so if you would like some guidance please contact your local branch who can talk you through your concerns and the services we offer.