What Can I Do if My Tenant Fails to Pay Rent?

Residential Tenants: What You Can Do

1. Confirm your tenancy type

Most residential agreements are Assured Shorthold Tenancies (ASTs). You cannot evict a tenant or change the locks without following the correct legal process and doing so could amount to illegal eviction.

2. Communicate early

Before taking formal action, contact the tenant to understand the reason for non-payment. Keeping written records of all communication can support your case later if legal steps are needed.

3. Serve the correct notice

Depending on your situation, you’ll use one of the following:

• Section 8 notice - for rent arrears or breach of tenancy.
• Section 21 notice - a “no-fault” route, but note upcoming reforms under the Renters’ Rights Bill 2025, which will abolish Section 21 Notices.

If the tenant doesn’t leave when the notice expires, you must apply to the court for a possession Order. Only court bailiffs or enforcement officers can lawfully remove a tenant, you cannot evict a tenant yourself if they fail to vacate after the possession Order expires..

4. Avoid illegal eviction

Never change locks, remove belongings, or threaten a tenant without a court order. Always serve valid notices and follow legal timeframes to avoid costly penalties.

Commercial Tenants: Legal Options for Rent Arrears

1. Review your lease

Check key details: the forfeiture clause, rent deposit, guarantees, and whether arrears are covered by the Commercial Rent Act 2022.

2. Try to resolve the issue

Early negotiation or a payment plan can preserve business relationships and may be cheaper than enforcement.

3. Enforcement routes

Landlords have three main options:

• Commercial Rent Arrears Recovery (CRAR)

A certified enforcement agent can seize and sell the tenant’s goods for unpaid rent. CRAR only applies to commercial leases and rent—not service charges or insurance.

• Forfeiture (ending the lease)

If the lease includes a forfeiture clause, you can serve a Section 146 notice and, if the arrears aren’t cleared, regain possession either through peaceable re-entry or court proceedings. Tenants may still apply for “relief from forfeiture” to reinstate the lease.

• Court action

If CRAR or forfeiture aren’t suitable, landlords can claim rent arrears through the courts. This can be slower but remains a valid recovery route.

4. Avoid wrongful re-entry

Changing locks or taking back premises incorrectly can expose landlords to claims for unlawful eviction. Always seek legal advice before acting.

Common Mistakes to Avoid

• Ignoring rent arrears or delaying action.
• Using the wrong notice or enforcement procedure.
• Failing to keep proper written records.
• Acting without legal guidance and risking an unlawful eviction.

Why Get Legal Advice?

Early advice can save money, time, and stress, and specialist solicitors can advise and support on:

• Reviewing your lease or tenancy agreement
• Serving valid notices and manage court proceedings
• Advising on negotiation or enforcement options
• Protecting your rights while minimising risk and cost

If your tenant hasn’t paid rent, you should act promptly and keep all communication documented. Ensure you following the correct legal procedures by seeking professional legal advice before taking enforcement action.

Failing to pay rent doesn’t give you an automatic right to evict a tenant, but with the right legal steps, you can recover arrears and regain control of your property lawfully.

Need help with a tenant who hasn’t paid rent? Contact our Dispute Resolution team for expert advice on rent arrears, eviction, and possession proceedings.