If rent isn't being paid
Non-payment of rent is stressful for everyone – landlords, tenants and guarantors alike. It can cause financial hardship for the landlord trying to pay off their buy-to-let mortgage. It can push the tenant further into debt. And for the guarantor – the person who’s agreed to pay if the tenant can’t or if the property gets damaged – it means a potential claim that they weren’t expecting.
There are ways to resolve each situation
Whether you’re a landlord, a tenant or a guarantor, you have options. If a tenant is three months in arrears, or in some cases persistently late in paying rent, landlords have the right, under the Housing Act 1988, to take action to repossess their property and can seek payment of rent arrears. Similarly, tenants struggling to pay rent may be able to get formal help to manage their debt, or they could have grounds to bring a claim against the landlord that offsets any arrears owed. For instance, if they’ve had to spend money on repairs to the property that should have been carried out by the landlord or the landlord failed to protect the tenant’s deposit in time. Guarantors may be able to reduce their liability before they sign an agreement, or be able to argue against a claim brought by a landlord.
How we can help
If you’re a landlord, we can talk you through how you may be able to recover your rent arrears or even evict your tenant. If you’re a tenant, we can explain the steps you need to take to get back on track and steer you towards the help you need. If you’re still negotiating a guarantee agreement, we can help you understand your legal responsibilities as a guarantor and advise you how to limit your liability or argue it no longer exists. We can also explore ways guarantors may be able to defend a claim that’s brought against them. We’ll:
- listen to what the situation is
- give you clear guidance on your rights and obligations
- tell you what your options are
- Unlimited access to legal experts
- Confidential advice you can trust
- Advice on the issues that matter - consumer rights, travel, motoring, housing and wills and more
- Cover for your whole household
- Regular legal news and guidance straight to your inbox
- Unlimited access to legal experts
- Confidential advice you can trust
- Advice on the issues that matter - consumer rights, travel, motoring, housing and wills and more
- Cover for your whole household
- Regular legal news and guidance straight to your inbox
Read our common questions
Catherine Hudson
Catherine is an expert in landlord and tenant law, having worked for a housing charity as a Caseworker for 15 years.
Mark Woodman
Mark is an expert in residential tenancy and Neighbour disputes, helping members to navigate their way around complex matters.
Paula Oligbo
Paula qualified in 2013 and has spent the majority of her working life in the Charity Sector.
