At Eviction Support, we understand the financial strain of rent arrears. Recovering unpaid rent is often challenging and can be even more so when the tenant has already been evicted. Legal options are available, however. Landlords have several methods to reclaim this debt after eviction.
Read on for a short guide on the options available to you as a landlord for pursuing unpaid rent from an evicted tenant.
What Are Rent Arrears?
‘Rent arrears’ is the technical term for when tenants fail to pay rent on time. These debts can accumulate, leading to financial losses for landlords. A landlord can evict a tenant if they have not paid rent. They may also pursue a former tenant for the unpaid money afterwards.
Legal Options for Recovering Rent Arrears
Once the tenant has been evicted, landlords can take steps to collect the outstanding debt. We have ordered the steps available to you according to the correct legal order of operations.
Most of the steps listed here can only be pursued when the former tenant has not responded appropriately to the previous step. They are as follows:
1. Tracing Former Tenants
If the tenant has moved and you do not have their contact details, then you will need to track them down. You can attempt to do this yourself, or you can employ professional former tenant tracing to track them down.
If you already have up-to-date contact information for your former tenant, then you can immediately move on to step 2.
A formal solicitor’s letter requests payment from the former tenant. This method often prompts immediate repayment or negotiation of a repayment plan.
2. Solicitor’s Letter of Demand
3. County Court Judgement (CCJ)
If the tenant refuses to pay, landlords can apply for a County Court Judgement (CCJ). This legally enforces the debt and can impact the tenant’s credit score.
A CCJ can be escalated to the High Court, allowing bailiffs to seize assets for debt recovery. This is an effective method for serious rent arrears cases.
4. High Court Writ of Control
5. Enforcement by Certificated Bailiffs
After awarding a Writ of Control, High Court enforcement officers can recover rent arrears through direct collection or asset seizure.
Note: Bailiffs are a last resort when it comes to debt recovery. Most former tenants will settle upon a repayment plan once formal letters have been issued. However, for cases where a former tenant refuses to engage in the repayment process, this method is the most effective form of debt recovery.
How Long Do Landlords Have to Recover Unpaid Rent?
Landlords have six years to claim unpaid rent. However, it is always best to act quickly and with purpose to improve the chances of successful collection. This is because delays may reduce the effectiveness of legal enforcement, especially when it comes to tracing a former tenant.
Can You Deduct Rent Arrears from the Deposit?
If the tenant’s deposit is protected under a tenancy deposit scheme, landlords may claim deductions for unpaid rent. However, deductions must comply with scheme regulations.
How Eviction Support Can Help
At Eviction Support, we specialise in the professional and prompt collection of rent arrears. Our experienced team provides legal guidance, enforcement solutions, and tenant tracing services. We help landlords recover lost income efficiently and legally.
Contact Us
If you need help recovering rent arrears after evicting a tenant, contact Eviction Support. Our team is ready to assist you with expert solutions.
