Unpaid Rent

Neil Smith
Aug 14
3 min read

What Landlords Can (and Can’t) Do When Tenants Don’t Pay

When a tenant stops paying rent, it can be incredibly stressful. As a landlord, your options are defined by strict legal processes—there are things you can do, and things you must not do. At Cotton Estates, we help landlords navigate this tricky terrain with confidence and professionalism. Here’s what you need to know.

Before Things Go Wrong: Prevention is Everything

Vetting Tenants Properly:
Reference and credit checks are essential. Use professional agents (like Cotton Estates) to ensure your tenants have a strong record.
Clear Tenancy Agreements:
Make sure your contract outlines rent due dates, notice requirements, and grounds for eviction. Avoid handshake deals or vague contracts.
Rent Guarantee Protection:
Consider Cotton Cover—our optional landlord insurance covering unpaid rent and eviction costs. Learn more here.
Prompt Communication:
If a tenant falls behind, act quickly. A polite, written reminder can often resolve minor issues before they escalate.

When Rent Isn’t Paid: What You Can Do

Contact the Tenant:Start with a friendly reminder. Sometimes, late payment is just an oversight or a short-term issue.
Issue a Formal Notice:If rent remains unpaid for more than 14 days, issue a formal letter stating the arrears and your next steps. Keep records of all communications.
Serve a Section 8 Notice:If rent is more than two months in arrears (or eight weeks for weekly rent), you can serve a Section 8 notice under Ground 8 of the Housing Act 1988. This gives the tenant 14 days to pay or leave.
Section 21 Notice (No Fault):Alternatively, if you simply want possession at the end of a fixed term, a Section 21 notice can be served—provided you’ve met all legal requirements (deposit protection, EPC, gas safety, etc.).
Court Proceedings:If the tenant doesn’t leave, you must apply to the court for a possession order. Only a court-appointed bailiff can enforce eviction.

What You Can’t Do (and Should Never Do)

Don’t Change the Locks:
It’s illegal to evict tenants without a court order. Changing locks, cutting off utilities, or physically removing a tenant is a criminal offence.
No Harassment:
Repeatedly visiting, calling, or intimidating tenants can be deemed harassment—again, this is illegal.

What To Do If Things Get Difficult

Document Everything:
Keep records of rent schedules, communication, and all notices served.
Seek Professional Help:
Use a reputable letting agent or eviction specialist (like Cotton Estates) to avoid costly mistakes.
Insurance:
If you have rent protection (like Cotton Cover), notify your provider immediately.

How to Avoid Issues with Enforcement

Do It by the Book:
The courts are strict—if your paperwork isn’t perfect, your case can be thrown out. Always serve the correct notice and comply with deposit, safety, and licensing laws.
Don’t Cut Corners:
Trying to shortcut the process can lead to delays, fines, or legal action against you.

Summary: The Smart, Safe Way Forward

If you’re struggling with unpaid rent, don’t panic—and don’t take matters into your own hands. Follow the correct steps and get support early. At Cotton Estates, we’re landlord-first: we handle tenant checks, serve notices, manage compliance, and can even guarantee your rent so you never need to chase payments again.

If you’re facing rent arrears, or just want peace of mind, book a chat with us. We’re here to help.