Letter to Request Arrears of Rent

What is a letter to request arrears of rent?

A letter to request arrears of rent is a letter or notice used by a landlord or letting agent to notify tenants that they are in arrears of rent payment and requests that the outstanding balance be paid immediately or by a specified date.

Is it mandatory to have a letter requesting arrears of rent?

No, it is not mandatory to have a letter requesting rent arrears - especially if there is no written agreement governing the tenancy. Where there is a tenancy agreement, it is likely that the agreement may require the sending of a notice informing the tenant of rent arrears.

What must a letter requesting arrears of rent contain?

A letter requesting rent arrears should contain:

• The name and address of the landlord or letting agent;
• The name and address of the tenant(s);
• The amount of rent owed;
• The date on which the rent should be paid; and
• The consequence of failure to pay the rent.

Who is involved in a letter requesting arrears of rent?

The main party to a letter requesting arrears of rent should be either the landlord of the property or the letting agent who oversees the property. While the letter is addressed to the tenant(s) residing in the property, the letter will be created and sent by the landlord or letting agent of the property. Where there are multiple tenants concerned (e.g. in a residential tenancy), the letter must be addressed to all the tenants concerned.

What has been done once a letter to request arrears of rent is ready?

Once the letter has been prepared properly, it should be signed by the landlord or letting agent that is sending it. If the landlord or letting agent is an organisation, the letter should be signed by an authorised person within the organisation. Where there is a written tenancy agreement between the parties, this letter should be delivered to the Tenant by any method specified within that agreement. Where there is no specification of how notices/letters should be delivered, simply post it or email it to the tenant or tenants if there are more than one.

The letter should be sent as soon as possible after any rent has fallen into arrears, giving the Tenant adequate notice of the potential for further legal action to be taken before commencing any action in court.

What documents should be attached to a letter to request arrears of rent?

There are a few documents that can be attached to a letter requesting rent arrears, these include:

• A rent statement showing the previous rent payments made and the missed/late rent payment(s); and
• Excerpts from the tenancy agreement (if there is one) highlighting relevant clauses/sections that apply to the rent payment and request for rent arrears.

Which laws are applicable to a letter to request arrears of rent?

Where a Tenant has signed a written tenancy agreement, the terms and conditions of this agreement should be upheld and followed where a Tenant defaults on any rent payments. In many circumstances tenants will have security of tenure which means that even if they fall into arrears, they cannot be evicted without a court order.

England and Wales
In England and Wales, the applicable legislation will vary depending upon the type of tenancy agreement, but in most cases the Housing Act 1988 is likely to apply.

Scotland
In Scotland the applicable legislation is the: Private Housing (Tenancies) (Scotland) Act 2016, the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 and the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017.

Northern Ireland
In Northern Ireland the applicable legislation is: the Housing (Amendment) Act (Northern Ireland) 2011, the Private Tenancies (Northern Ireland) Order 2006 and the Rent Book Regulations (Northern Ireland) 2007.

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