A Tenant Who Does Not Pay or Will Not Leave
When a tenant stops paying or stays on after the tenancy ends, the landlord is in a difficult position: the property is occupied, the income has stopped, and the route to possession runs through the court. This guide sets out what to do and in what order, what must not be done, and how long the process takes.
What counts as a breach, and when
Not every late payment is a fundamental breach. The agreement is what determines which breaches count as fundamental, and how much notice the landlord must give before he may cancel. A clause defining non-payment of rent as a fundamental breach, alongside a clear notice mechanism, is what makes it possible to act quickly.
Two common situations differ from one another. The first is a tenant who is not paying but is still within the term. The second is a tenant whose term has ended and who will not leave. In both, possession becomes unlawful from a certain point, but the legal basis for acting is different.
What must not be done
This is the part to read before anything else. Self-help eviction is not the route. Changing the lock, cutting off electricity or water, removing belongings from the flat or entering without consent can all expose the landlord to a civil claim and in some circumstances to criminal proceedings.
The rule holds even where the landlord right is entirely clear. The fact that the tenant is in breach does not give the landlord authority to remove him. The route runs through the court and the enforcement authority, and acting alone can turn the landlord into the party being sued.
There is a practical dimension too: acting alone damages the landlord position in the proceeding itself, and sometimes hands the tenant arguments he did not previously have.
The first steps
- Document. The payment dates missed, the notices sent, the condition of the property. Written records from the first moment are what remains available to you later.
- Send written notice, following the mechanism in the agreement, and allow the cure period it provides.
- Check the securities: deposit, bank guarantee, promissory note or personal guarantee, and what exactly the agreement permits to be called on and when.
- Give notice of cancellation if the breach has not been cured, in accordance with the agreement.
- File a claim for possession if the tenant does not leave.
The order matters. A landlord who skipped the notice or cancelled without a basis can end up as the party in breach.
A claim for possession
This is a dedicated expedited procedure, filed in the Magistrates Court for the district in which the property lies. Its distinguishing feature is that the only relief that may be sought in it is possession of the property. Monetary relief, including rent arrears and damage, is brought in a separate claim.
| Step | Time limit |
|---|---|
| Statement of defence by the tenant | 30 days from service of the claim |
| Listing of the hearing | No later than 30 days from the date for the defence |
| Warning at the enforcement authority before eviction is carried out | 21 days |
The price of the speed is the narrowness: the tenant may not bring a counterclaim within this procedure. On the other hand the tenant may apply to have the matter transferred to the ordinary track, and such an application, if granted, lengthens the process considerably.
Recovering the debt
Possession returns the property. It does not return the money. There are two routes for the debt:
- Calling on the securities. A promissory note or cheque can be lodged directly with the enforcement authority, and that is the quick route. A bank guarantee is called on with the bank on its terms. A deposit is set off as the agreement provides.
- A monetary claim for the balance of the debt, for damage to the property, and for reasonable use payments for the period the tenant held the property unlawfully.
Where the agreement provides agreed damages for late vacating, that is an effective tool, because it removes the need to prove loss. An excessive figure, by contrast, can be struck down, so overstating the clause does not serve the landlord.
What prevents this in the first place
- Properly set securities, at the level the law permits, with an express statement of when they may be called on.
- A definition of fundamental breach and a short, clear notice mechanism, rather than general wording.
- Reasonable agreed damages for late vacating.
- Checking the tenant before signature: references, ability to pay, and who the guarantors are.
- A handover protocol with photographs and meter readings, allowing wear to be told from damage later on.
Most tenancy disputes do not come from a difficult tenant but from an agreement that never said what happens when something goes wrong. Those clauses are written at the beginning, while there is still no dispute.
In these proceedings the deadline counts no less than the argument. If a decision, order or demand has arrived, contact us at once with the document and the date on it. Call 02-5953322, send a WhatsApp message to 050-4411343 or leave your details in the form below, and we will get back to you as soon as possible.
What people ask most often
The tenant is not paying. Can I change the lock?
How long does eviction take?
Can the debt be claimed in the same proceeding?
What is a promissory note and why does it matter?
The tenant left but owes money and left belongings. What now?
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A tenant who will not pay or will not leave
Opposite a tenant who does not pay or does not vacate we act on the fast track the law provides, and represent you through to eviction and recovery of the debt. Tell us the position at the property, and we will act without losing time.