Court proceedings can be brought for the recovery of unpaid rent. In many cases the tenant will have no defence against such a claim, and summary judgment can be obtained. This may be useful if you wish to put pressure on the tenant to pay without losing the tenant.
How do I chase unpaid rent from a tenant?
- 1 Keep a record of payments. Keep a record of when rent payments are due and when they are paid by your tenants.
- 2 Write to the tenant. If rent hasn’t been paid after several days start by calling your tenant to ask them what’s going on.
- 3 Send a letter to the guarantor.
- 4 Claim possession of your property.
- 5 Go to court.
Can a landlord take you to court for rent arrears?
It gives you the right to stay in your home as long as you stick to an agreement to keep up the rent payments and pay off the arrears. If you don’t stick to the agreement, your landlord can apply to the court for a warrant of possession to evict you.
What happens in court for rent arrears?
The court papers. If you don’t pay off the arrears or come to an agreement with your landlord within the notice period, they will apply for a court order. You will be sent papers by the court, showing your landlord’s case against you. These papers are called a claim form and particulars of claim.
Can a landlord evict a tenant to collect rent?
Apply to the Board only for an Order to collect the rent, but not to evict the tenant. Once a landlord files an application with the Board, a hearing may be scheduled. If the tenant wants to dispute the landlord’s claims, they should appear at the hearing and be prepared to give evidence.
How can I collect unpaid rent from a tenant who moves?
You can start by using the tenant’s security deposit (if any) to cover the unpaid rent. If the deposit doesn’t cover the two month’s rent, you can sue your former tenant in small claims court (or a similar civil court) for the back rent.
How can a landlord enforce an eviction order?
If the tenant wants to dispute the landlord’s claims, they should appear at the hearing and be prepared to give evidence. If a landlord obtains either an Eviction Order, or an Order from the Board confirming the amount of arrears the tenant owes, they can generally enforce the Order through the Court Enforcement Office (Sheriff’s office).
Why do so many people get evicted from their house?
The main reason tenants tend to get evicted is because of rent arrears. But once the tenant is evicted – how can you get paid your outstanding rent? The answer is ‘with great difficulty’.
