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. This letter can be used for both residential properties and commercial properties.

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.

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 to be 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(s).

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.

What happens when the tenant does not pay rent after receiving a letter to request arrears of rent?

In the event that the tenant is at least two months in arrears and has not tried to resolve the issue, the landlord can take legal action to evict by following a procedure that involves applying for a court order.

In some cases, even though a tenant could be taken to court to effect eviction, the landlord may agree to allow them to stay in the property as long as they agree to repay the rent owed.

When can a letter to request arrears of rent be sent?

A letter to request arrears of rent can be sent as soon as a tenant falls behind on their rent payments. This is usually after the due date, as captured in the tenancy agreement, has passed and the rent remains unpaid.

How much time does the tenant have to pay after receiving a letter to request arrears?

The tenancy agreement might specify how long a tenant has to pay after a missed payment or after receiving a letter to request arrears of rent. For example, 7 to 14 days is a typical period given in many letters to request arrears of rent, allowing the tenant to make the overdue payment.

What must a letter to request 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.

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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