How To Claim Rent Arrears

Many landlords are sometimes faced with the dilemma of claiming rent arrears from their tenants. At the initial moving-in agreement, the tenant signed up and agreed to pay a certain amount of money after a certain time period. However, some tenants violate their rent agreement and do not pay their rent. Arrears can amount to substantial losses to the landlord. There are several ways available to them for claiming back the rent arrears.

To claim rent arrears, a landlord can do a number of things. A landlord may file a case in court against the tenant owing them rent arrears. When filing a court case, the tenant will need to be in arrears in their rent payment. It is also important to go to court only if the rent owed is substantial as the court process is expensive. The court process will also need representation by a legal practitioner, such as a lawyer. Lawyers are also expensive to recruit.

A second option available to the landlord may be to issue a distress call for rent. This is an official claim that does not require a court process. The landlord can use the distress call to enter the tenants premises without prior permission and take possession of property and valuables owned by the tenant. These are kept for five days, after which, if the rent arrears will not have been paid, are sold off to help recover the debt owed. The landlord may, however, not touch any lose money found at the premises and may not touch the tenants tools of trade.

A third method that a landlord may adopt to claim rent arrears, is the use of a debt recovery agency. These are legal entities that have been mandated to help their clients recover various types of debts owed to them. An individual seeking to recover a debt such as rent arrears will normally contact a debt collection agency and sign up as a client. The landlord will then provide the agency with their case details. These include the details of the tenant, their contact information and address as well as the details of the money owed. The agency will, within 24 hours time, contact the tenant and make a demand for the payment of the rent arrears. Most receivers of the demand letter, up to 95 per cent, usually pay up. If no payment is made within 7 days, another letter, a final warning is sent to the tenant, demanding payment. By this stage, the tenant will oblige and pay their rent arrears.

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About the Author:
Clifford Johnston & Co, specialists in Claim Rent Arrears.

Article Originally Published On: http://www.articlesnatch.com

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