Stage 1: Before you start court proceedings (rent arrears)
If your tenant(s) has failed to pay rent and is in arrears, you can use this pack to help get them to pay back the rent, or as the first step in the process of starting court proceedings if they do not pay. This pack is suitable for use where you have an assured shorthold or an assured tenancy agreement with the tenant(s).
You should begin the process by sending your tenant(s) our 'Initial letter to tenants regarding rent arrears'. If you have not already done so, you must also send our ‘Notice to tenant(s) of deposit protection scheme’ (for use with lettings using an ‘assured shorthold tenancy’ only). If the initial letter does not have the desired effect then you should use our ‘Notice under section 8 of the Housing Act 1988’ along with its associated covering letter ‘Covering letter for section 8 notice’ to prepare and serve a formal notice seeking possession upon the tenant(s). You can use our ‘Form N215 - Certificate of service’ to record how and when the section 8 notice was served.
If it is unlikely that the tenant(s) will pay the rent arrears (due to their financial circumstances) then you may want to consider obtaining a possession order using the accelerated possession procedure as this is quicker, but does not order the tenant(s) to pay the rent back. Start with our pack 'Stage one: Before you start court proceedings (accelerated possession)'.
Pack documents:
• Notice to tenant(s) of deposit protection scheme
• Initial letter to tenants regarding rent arrears
• Notice under section 8 of the Housing Act 1988
• Covering letter for section 8 notice
• Form N215 - Certificate of service
Stage 1: Before you start court proceedings (rent arrears)
If your tenant(s) has failed to pay rent and is in arrears, you can use this pack to help get them to pay back the rent, or as the first step in the process of starting court proceedings if they do not pay. This pack is suitable for use where you have an assured shorthold or an assured tenancy agreement with the tenant(s).
You should begin the process by sending your tenant(s) our 'Initial letter to tenants regarding rent arrears'. If you have not already done so, you must also send our ‘Notice to tenant(s) of deposit protection scheme’ (for use with lettings using an ‘assured shorthold tenancy’ only). If the initial letter does not have the desired effect then you should use our ‘Notice under section 8 of the Housing Act 1988’ along with its associated covering letter ‘Covering letter for section 8 notice’ to prepare and serve a formal notice seeking possession upon the tenant(s). You can use our ‘Form N215 - Certificate of service’ to record how and when the section 8 notice was served.
If it is unlikely that the tenant(s) will pay the rent arrears (due to their financial circumstances) then you may want to consider obtaining a possession order using the accelerated possession procedure as this is quicker, but does not order the tenant(s) to pay the rent back. Start with our pack 'Stage one: Before you start court proceedings (accelerated possession)'.
Pack documents:
• Notice to tenant(s) of deposit protection scheme
• Initial letter to tenants regarding rent arrears
• Notice under section 8 of the Housing Act 1988
• Covering letter for section 8 notice
• Form N215 - Certificate of service
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Protect the deposit and give this notice and the scheme documents to the tenant within 30 days of the tenant paying the deposit. At the same time, you should also send it (together with the scheme documents) to anyone who paid the deposit for the tenant and, in order to avoid any dispute, the tenant's guarantors (if any).
Use this as a covering letter when serving a notice seeking possession under section 8 of the Housing Act 1988 against a tenant with an assured or assured shorthold tenancy agreement solely on the grounds that there are current rent arrears.
You must not send this letter to a tenant if you're told that they've been granted formal 'breathing space' from the rent arrears debt under the Debt respite scheme.
This is the formal notice that you must serve on (i.e. give to) a tenant to tell them that you're seeking possession of your property on the grounds that there are current rent arrears. It also includes a schedule of rent arrears to accompany the notice.
It can only be used for properties in England let under an assured or assured shorthold tenancy agreement.
You must not send this notice if you're told that the tenant has been granted formal 'breathing space' from the rent arrears debt under the Debt respite scheme, without first getting a court's permission. Otherwise, you can use our document Covering letter for section 8 notice to send it.
This document is not suitable for seeking possession on any grounds other than rent arrears.