My tenant is not paying rent what can i do?

If your tenant is not paying the rent arrears and the rent arrears are 2 months or more (technically 1 month and 1 day) than one of the options you have is to serve a section 8 notice on your tenant.

however, ensure you have complied with your legal obligation as a landlord. if you have not complied with your legal obligations as a landlord the tenant may counterclaim against you if you issue a claim for possession.

what can the tenant counterclaim against me for?

  1. you did not protect the deposit hence the tenant is entitled up to to 3 times the value of the deposit in compensation for non-compliance with the deposit legislation.
  2. the tenant can also counterclaim that the property is in disrepair and the tenant is entitled to set off damages for the alleged disrepair against the rent you are claiming.

if you are concerned about the above No.2 you can go down the route of section 21. Under section 21 you are not claiming money hence the tenant should not be able to counterclaim a monetary value when you are claiming non.

If you are going to go down the route of section 21 notice, the accelerated route, make sure you are fully compliant with the Deregulation Act 2015.

You can contact our Landlord advice line if you are a member of the British Landlords Association

Updated: March 28th 2020 – Due to the Coronavirus Act 2020, you must follow the Notice period for section 8 & 21 as stipulated in this Act, seek legal advice before serving any notice. BLA advice line 01293 855700

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