What are the options for a residential landlord if their tenant owes rent?
Our Landlord and Tenant team has wide ranging experience of all types of property dispute, undertaking work on a national basis. For a free consultation about your case and details of our funding options call 0333 888 0404 or send an email to [email protected]
One of the main issues faced by landlords is unpaid rent. If you are the owner of a residential property and your tenant owes rent, then it can be important to ensure that lines of communication are kept open with the tenant. While this is not a legal requirement, the courts will generally look favourably upon a landlord who has done everything they reasonably can to resolve matters informally before taking legal action.
One such option is for you to offer your tenant a payment plan. It is also worth considering whether a solution can be reached through ADR, rather than going straight to court. ADR (Alternative Dispute Resolution) includes mediation, adjudication, and arbitration. Not only are these alternative methods cheaper than commencing formal court proceedings, but they can be a much quicker route to resolving a dispute.
However, it is an unfortunate fact that some tenants refuse to cooperate or be reasonable. Arrears can quickly mount up and a situations go beyond the stage where informal resolution is possible. At this point, the landlord may have no alternative but to issue court proceedings for possession of the property and claim back the rent that the tenant owes.
To issue court proceedings for possession where a tenant owes rent, a landlord must first give notice to the tenant in compliance with the Housing Act 1988. The relevant grounds for possession is ‘rent lawfully owed’, which can be found in Schedule 2 of the Act.
It should be noted that with mandatory grounds, if the legal requirements are satisfied, then the court must make an order for possession. With grounds that are discretionary, the court can decide whether or not to grant the order, even if the grounds are fully made out.
It is crucial that the Notice for Possession is fully compliant with the law, as any errors, even minor ones, can lead to the application being struck out. The process will then have to be repeated, causing both delay and additional expense.
How we can help if your tenant owes rent: Our fixed fee options
Our specialist Landlord and Tenant solicitors can assist you with the whole legal process of gaining possession of your property if you are owed unpaid rent.
Our local courts are Exeter and Barnstaple in Devon and Taunton in Somerset, but we do undertake this type of work throughout the southwest and further afield.
Our fixed legal fees are as follows:
| Â Formal Legal Advice on Court Proceedings
Service of Notice (Section 8 for rent arrears or Section 21) |
   £125 plus VAT
£195 plus VAT |
| Accelerated Possession Proceedings (no attendance at Court) |   £525 plus VAT * |
| Possession Proceedings (Taunton, Exeter or Barnstaple County Courts) |   £875 plus VAT * |
| Possession Proceedings (Other County Courts) |
  Available on request |
| Warrant of Possession – Bailiff Appointment (if required) |    £185 plus VAT* |
* In addition to our own costs, you will also need to pay a court issue fee. In respect of the Possession Proceedings, that fee is currently (as at March 2025) £391 and the court fee to issue a Warrant of Possession is currently £143.
