Use our fixed fee tenant tracing service to locate your tenant. Rent arrears can be a source of difficulty for landlords and tenants alike, causing a certain degree of financial strain for both parties. In order to reduce or eliminate such difficulties, landlords must understand how to recover rent arrears in an efficient and professional way. By continuing to use our site you agree to us using cookies. However, it is important to note that any situation where you are in dispute with another party can give rise to litigation. This procedural note refers to secure tenants. Rent Arrears, Service Charge Disputes, Deposit Disputes, Disrepair and Dilapidations Claims, plus general debts are all common reasons why Landlords, Tenants and Letting Agents would consider using the Small Claims Court. Does anyone have experience of recovering rent arrears from my former ex-tenant? Service Charge & Ground Rent Arrears - Block Management, Appointment of High Court Enforcement Officer, Writing a formal solicitor's letter of demand to the tenant, Full follow up of correspondence and telephone communication with the tenant. The distress remedy allowed landlords to recover rent arrears by seizing assets without the need to go to court or provide a prior warning. • If you leave your tenancy with former tenant arrears and do not give us your new address, we will use a tracing agency to find you. Tenants will be jointly and severally liable for the rent arrears meaning you can recover all the sums due from only one of the tenants leaving them to chase the other for their share. Required fields are marked *. But not always. From the commencement date of the emergency legislation (27th March 2020), the notice period that a landlord is required to give to a tenant (whether it be a section 8 rent arrears notice or a section 21 notice) was extended to 3 months for properties in England and 6 months for properties in Wales. The Landlord Group team can assist with this. But lets take a look at it and see when it is possible and when it is not. You must Issue rent arrears letters this affirms the required compliance with legal process. If you pay by credit card there will be a 2% surcharge. This could prove valuable information if you find out one of the tenants (whether they were in occupation or not) is worth pursuing more than the other. Many UK landlords may not be aware but they are still entitled to claim any rent arrears owed to them by evicted tenants for up to 6 years from the date the money was considered due. Once we have traced your former tenant, and if we think you have a strong enough claim, we will, upon your instruction, issue county court proceedings against your tenant to secure a County Court Judgment (CCJ) against them for the arrears. Before taking any action to recover rent arrears, landlords must consider: • whether to forfeit the lease for non-payment • whether the tenant is in any form of insolvency and, if so, what implications this has for the methods of recovery available • whether there are any limitation period issues. As a first line of inexpensive action, there is very little that works better in recovering rent arrears then a bespoke solicitor's letter before action. Hasn't been to Court. We would therefore advise all landlords to consider dispute resolution and mediation with their tenant(s) during this interim period. If you successfully achieve the judgement then this will create the CCJ. Use this service that includes: The ultimate action, which you can take against a non-paying tenant, is to issue a county court claim against them. We can also investigate what employment income the ex-tenant has. In cases of tenant rent arrears, landlord’s will now only be required to give 4 weeks’ notice where a tenant has accrued six months’ worth of arrears. Rent arrears recovery doesn’t have to be complicated, especially when you have debt recovery solicitors to help. If you decide to recover the rent you might find the commercial rent arrears recovery scheme a good option. Blackstone Solicitors specialise in rent arrears case’ armed with the legal expertise needed to ensure a fair outcome for landlords. Within 48 hours of receiving your instruction our panel of lawyers will draft and send a solicitor's letter of demand, known as a letter before action, to your tenant. If a tenant has rent arrears equivalent to one month’s rent, then you can ask for the decision to make direct payments to be reviewed. Service features. Effective rent arrears control and recovery is critical as it ensures that the Housing Division’s income is maximised and tenant’s therefore receive the best possible services. We are one of the UK’s most trusted and effective debt recovery specialists and cover the entirety of England and Wales. The earlier you act, the more control, you’ll have over rental arrears. Our North West office is built to support anyone based in the Cheshire and Greater Manchester regions as well as Nationwide. Collecting unpaid rent therefore often involves discovering where the former tenant is now situated. Alternatively, there are a ‘whole load’ of tracing companies that will promise to find your tenant for a fee. We have won cases both inside and outside of court for landlords – even where it repossessing a property to recover the rent owed. Save my name, email, and website in this browser for the next time I comment. Our solicitors are equipped with the knowledge and expertise needed to support you in your bid to recover unpaid rent from ex tenants. For all those landlords who have already commenced the eviction process, all court proceedings were initially stayed until 23 August 2020. Please see our Privacy Policy for further details. Landlords will also need to send updated information about their tenant’s circumstances for the court to consider – such as issues of vulnerability, disability, financial difficulties, etc. As Landlord you instruct ‘enforcement agents’ (formerly bailiffs) to collect the rent or take control of goods. Where the Tenant is in Rent Arrears , as a contingency, it is always wisest to issue a Section 8 Notice For Rent Arrears. It’s a landlord’s worst nightmare: a former tenant absconds from a property without having paid everything owed. Tenant abandoned property. 'The commercial rent arrears recovery scheme is a self-help remedy for landlords which allows you to take and sell a tenant's goods to the value of what is outstanding. Tenant's representative says Tenant is receiving DWP social security benefits - sent me a rude email saying he could not even afford £1 per The threat of such proceedings can, in many cases, be enough to make your tenant reconsider their position and pay you what they owe. We understand that chasing money can be exhausting and stressful, which is why we take appropriate steps to alleviate the burden. Call our solicitors today on 0161 929 0121 or send your message to info@blackstonesolicitorsltd.co.uk or allow us to contact you by completing our online contact form. Specialising in helping landlords recover debt from non-paying or absconded tenants, the company operates throughout the UK. Blackstone Solicitors will perform the vast majority of work during the rent recovery process. There are further restrictions for those tenants who have committed anti-social behaviour or domestic violence. A description of the process that would be followed where a court orders that the tenant must pay rent arrears following possession proceedings, and the tenant fails to satisfy the court judgment. Our solicitors are adept at locating and communicating with ex tenants who owe rent. Below are the three main stages that we undertake to recover unpaid rent from tenants in residential properties. Private renting as a tenant - repairs, rent increases and arrears, settling disputes, deposits and your rights and responsibilities Private renting: Rent arrears - GOV.UK Skip to main content Companies and Business Sales and Purchase, Farm Partnerships And Corporate Structures, Commercial Contracts For Farming Businesses, Evidence that you did not receive the money you are attempting to claim back. We are committed to speedy resolutions, so if you are happy with all the necessary arrangements and fees, our solicitors will get to work on reclaiming your debt right away and aim to get your money back in a matter of weeks. • We will contact you and give you the opportunity to make an arrangement to clear the arrears on your account. Our rent arrears recovery service includes drawing up a section 8 notice and rental arrears schedule, serving it on your behalf in accordance with the relevant clauses of your tenancy agreement and providing you with a certificate of service. Usually these debts relate to rent arrears or costs arising from repairs. Here’s what you can expect during the process: In many instances, a tenant can simply change their contact details, hoping the landlord gives up chasing payments. After Possession Proceedings . He said the waiver will help tenants recover from the adverse effects of the global health crisis. At Collect My Debt, we can help you if you have issues with rent arrears, problem tenants and squatters. Connect Debt Recovery Overview. Now it’s time to … As of Saturday 29th August, following the governments most recent announcement, the government has extended the notice period which a landlord is required to give a tenant to 6 months. You shouldn’t have to experience stressful cash flow problems just because a tenant won’t pay its debts, which is why we aim to resolve such disputes promptly and effectively. The previous regime of the common law remedy of distress for arrears of rent was replaced by the Commercial Rent Arrears Recovery (CRAR ) scheme on 6 April 2014. Whether you have a large property investment portfolio or a single rental property, as a landlord you rely on regular rent payments to keep your property rental business afloat. How to bring inheritance money from Iran to UK. Most people would rather leave it and move on with their lives. The Landlord Group has a team of experienced lawyers dedicated to residential rent arrears recovery. Find out how you can benefit from our tenacious and forthright approach today by getting in touch with the team. Your email address will not be published. This replaces the previous law of distress for both new and existing leases. We offer debt recovery services for landlords and letting agents of all sizes. Commercial rent arrears recovery (CRAR) from tenants can be very costly for landlords and managing agents. We have a network of specialist tracing agents who are experts in the field of tracing former tenants. The team at Blackstone is able to help in any such instance, drawing upon our wealth of experience in these areas to provide the guidance you require. If you would prefer to have a no-contact consultation, we are more than happy to have meetings by phone, Skype and Facetime. The actions on this page are usually used when the tenant has left. Tenant left owing £14,000 with £2,000 of damage. For all new enquiries call us on 0345 901 0445, email info@blackstonesolicitorsltd.co.uk or, if you prefer us to contact you, leave your details via our Free Online Enquiry Form for a free no-obligation discussion at a time convenient for you and let us explain your legal rights and options. Should your tenant challenge a commercial property rent arrears, rest assured that our solicitors will explore every possible option available to recover the arrears you are due. If your tenant owes you rent. We have started a small claims A CCJ can, however, be useful just on its own. A County Court Judgment, if enforced, will have very serious consequences on your defaulting tenant's credit score. Do you want your defaulting tenant to take you seriously? Payments can be made by cash, postal order, cheque, debit/credit card, standing order or direct debit. It’s a landlord’s worst nightmare: a former tenant absconds from a property without having paid everything owed. This field is for validation purposes and should be left unchanged. Often the ex-tenants will find excuses to delay payment; will ignore calls and letters, or disappear altogether.Blackstone Solicitors specialise in rent arrears case’ armed with the legal expertise needed to ensure a fair outcome for landlords. Please see our updated privacy policy on how we use cookies and how to turn them off. If one day your tenant wants to get a mortgage or bank … The landlord seeking to evict the tenant and recover rent arrears would need to prove that they have grounds to evict the tenant. After this date, it is likely that landlords will be required to send a ‘reactivation notice’ to the court and to their tenant(s) confirming that they wish the claim to continue. Your Money - Former Tenant Rent Arrears What action can you take to recover former tenant arrears? ... We can help recover debt even when the tenant has disappeared. 07338650. It can be extremely tricky to reclaim this debt without the assistance of a solicitor. Doing so is easy, simply give us a call on 0161 929 0121, Authored by Rebecca Dutton Posted in Blog, News Tagged as, Your email address will not be published. New regulations under the banner of Commercial Rent Arrears Recovery (CRAR) have been in force since April 2014, and enable a landlord of commercial premises to recover rental arrears by taking control of and selling the tenant’s goods. Paying former tenants rent arrears Arrangements can be made to pay the balance due by instalments. Our website does not collect or store, in any format, the details you have submitted. Commercial rent arrears recovery (CRAR) While we will always aim to preserve the landlord-tenant relationship, we know that in many cases, this is not possible. Rent arrears is one of the most common reasons for landlords to give a section 8 notice rather than a section 21 notice, however, the tenant needs to be at least 2 months (if rent is paid monthly) or 8 weeks (if rent is paid weekly) in arrears. Often the ex-tenants will find excuses to delay payment; will ignore calls and letters, or disappear altogether. If your tenant has vacated your property, whether residential or commercial, owing you money, you will first need to locate them before any action can be taken. Blackstone Solicitors Limited | Company No. This form is GDPR compliant and only collects your name, email and telephone number so that we may respond to your request, via email or telephone, for information on our products and services that you have enquired about. The Commercial Rent Arrears Recovery (CRAR), which came into force in April 2014, did away with a landlord’s right of distress, which had been around for over 800 years. Track rental payments with a magnifying glass. If the tenant vacates the property without paying the rent arrears, landlords have a period of six years from the date of the missed payment to pursue the tenant via a separate debt recovery action. Prompt action, in accordance with the Commercial Rent Arrears Recovery (CRAR) regulations, is key to a successful and no cost outcome. Please contact The Landlord Group team for further details of how we can help. In April last year, Sonko ordered a waiver on all rent arrears owed to the city government. If you wish to serve notice based upon rent arrears, landlords are being encouraged by the government and the courts to attempt to mediate with their tenants. If a tenant’s owes two months’ rent, their rent payments will automatically be switched to you. CRAR is a ‘self help’ remedy and does not need the court to be involved very much. Or possibly, your tenants have vacated the premises! Once the tenant has been evicted and the landlord has regained possession of the rental property, former or absconded tenants can be traced easily by professional companies, such as Legal4Landlords who offer tenant tracing services as well as a debt/rent recovery … Helping landlords throughout the UK through the full recovery procedure, from tracing a former tenant through to the final stages of the county court proceedings. General litigation disputes can come in many forms. It can be extremely tricky to reclaim this debt without the assistance of a solicitor. The nightmare tenant. Overdue and unpaid commercial rent places an unwarranted strain on the Landlord’s business cash flow. Thats not to say that its impossible to recover rent arrears, but you need to have a lot of determination and staying power. Once the CCJ is obtained we can discuss your enforcement options. We can help you obtain the money you’re entitled to and ensure a fair outcome. Given the extended notice period now required and if you are in a position whereby you require possession of your property as a matter of urgency, we recommend that you progress matters as soon as you possibly can with the service of the appropriate notice. However, again following the governments 11th hour u-turn on Friday 21st August, all court proceedings are currently stayed until 20th September 2020. Using the Small Claims Court in Scotland - this can be utilised by landlords looking to recover a debt owed by a tenant. The Small Claims Court in England and Wales is designed to resolve disputes where the sum involved is £10,000 or less. Hello, My tenant has left, she owed 3 months rent and has left quite a bit of damage, totalling about £2.5k combined. Contact should be made with a Housing Officer to make an agreement to pay. The Association will take a firm but fair approach to rent arrears recovery seeking to embed a rent first culture where tenants attach a high degree of importance to prioritising their rent and paying in line with the requirements detailed in the Tenancy or Licence agreement. No win, no fee debt recovery and tenant tracing; Face to face collection services; Recover debts up to 6 years old; One-off or unlimited debt recovery; Tailored packages available; Benefits No action may be taken to recover rent arrears after the expiry of six years from the date on which the arrears became due Below are the three main stages that we undertake to recover unpaid rent from tenants in residential properties. They include Letter of Claim templates that comply with the new Pre-Action Protocol for Debt Claims. Okay, so you’ve been patient, you’ve tried resolving the rent arrears with your tenant, but to no avail. This is why seeking legal help to ensure you approach disputes in the correct way is so essential – you need to give yourself the best chance of sorting out the matter as quickly and effectively as possible. The order for possession will state the amount that the tenant is to pay back and if they flout this order you then have the right to make a claim through the small claims court for amounts up £3000 in rent arrears and associated costs. Say it after me: “using a rent recovery service should NOT be your first step to solving rent arrears!” Rent Recovery Service. Many UK landlords may not be aware but they are still entitled to claim any rent arrears owed to them by evicted tenants for up to 6 years from the date the money was considered due. Recovery of Rent Arrears. If the ex-tenant’s address isn’t known is, we’ll need a trace. Helping landlords throughout the UK through the full recovery procedure, from tracing a former tenant through to the final stages of the county court proceedings. The Landlord Group has a team of experienced lawyers dedicated to residential rent arrears recovery. In our experience, most tenants pay up when they receive a formal solicitor’s letter threatening court action. We can help you think about the best strategy for dealing with arrears. Evidence that the tenant left your property within the last six years. Once we have the necessary information, we will pursue the case on your behalf, getting in touch to update you on developments as much or as little as you’d like us to. Every instance of unpaid rent arrears is judged on its own merit however a reputable and Leading Debt Collection Agency for Landlords and Lettings Agent service can maximise the chance of recovering any unpaid rent arrears. You can use electronic surveillance such as Facebook to help trace your ex tenants or even if you want to be a bit old school ‘Friends Reunited” (remember that) to look into what your tenants are up to and what part of the country they might be living in. Time is Money. It is also a critical area of work in terms of external assessment of the Tenant Services Team’s performance. Landlords therefore need to take swift and decisive action when rent is paid late or not paid at all.Our Rent Arrears documents have recently been updated and expanded. If you are waiting for a court hearing date, please note that the standard 4-8 week wait period for hearings has now been temporarily suspended. The earlier you act, the company operates throughout the UK ’ s performance is for validation purposes and be. Very much very costly for landlords and managing agents tenant to take you seriously Small Claims court England! 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