What to Do When a Tenant Won't Pay: Complete Action Plan
Step-by-step guide for landlords when tenants refuse to pay rent or other debts. From first contact to court action and enforcement. Get the UK steps and cho...
Problem → education → solution → action
If you are dealing with this right now, use this guide to understand your options quickly, then move straight into the right landlord workflow.
Problem → solution
Need to act on this now?
- Recover rent arrears with a guided money claim flow
- Organise unpaid rent evidence and claim details
- Generate court-ready documents for filing
When a tenant owes you money and won't pay, it's frustrating—but there's a clear legal path to recover what you're owed. This guide walks you through every step, from initial contact to enforcing a court judgment.
Quick Overview
- 1. Assess what's owed and your evidence
- 2. Communicate and try to resolve informally
- 3. Send formal demand for payment
- 4. Send Letter Before Action (wait 30 days)
- 5. Issue court claim (MCOL or N1)
- 6. Enforce CCJ if they still don't pay
Step 1: Assess the Situation
Before taking action, get clarity on:
- What's owed? Calculate exact amounts with dates
- Is the tenancy ongoing or ended? This affects your options
- What evidence do you have? Tenancy agreement, bank statements, photos
- Is there a guarantor? You can claim from them too
- What's their financial situation? Are they worth pursuing?
Reality check: If the tenant has no job, no assets, and no guarantor, even a CCJ won't produce immediate payment. Consider whether it's worth the court fees—though a CCJ does last 6 years and damages their credit.
Step 2: Communicate
Start with direct contact. Many payment issues result from temporary problems or miscommunication:
- Call or text to discuss the arrears
- Ask what's preventing payment
- Propose a payment plan if appropriate
- Keep records of all conversations
If they're responsive and willing to pay, you might resolve it without legal action. If they ignore you or refuse to engage, move to the next step.
Step 3: Formal Demand
Send a clear written demand for payment:
- State exactly what's owed and why
- Give a deadline (7-14 days)
- State consequences of non-payment
- Send by email and post
This isn't the formal Letter Before Action yet—it's a last chance before you start the legal process.
Step 4: Letter Before Action
If informal approaches fail, send a Pre-Action Protocol compliant Letter Before Action. This is a legal requirement before court action.
Your LBA must include:
- Full details of the debt
- How it arose
- Interest claimed
- 30 days to respond
- Warning of court action
- Information about debt advice
Read our complete LBA guide for templates and detailed instructions.
Step 5: Issue Court Claim
If no payment or acceptable offer after 30 days, issue your court claim:
Money Claim Online (MCOL)
- • Faster processing
- • Slightly lower fees
- • Online tracking
- • Best for straightforward claims
Paper Form N1
- • No character limits
- • Attach documents
- • Complex claims
- • Prefer paper processes
If the tenant doesn't respond within 14-33 days, request default judgment. If they defend, prepare for a hearing.
Step 6: Enforcement
If you get a CCJ but they still don't pay, use enforcement:
- Warrant of Control - Bailiffs seize goods (£77)
- Attachment of Earnings - Deductions from wages (£110)
- Third Party Debt Order - Freeze bank account (£110)
- Charging Order - Secure against property (£119)
- High Court Enforcement - For debts over £600
See our CCJ enforcement guide for detailed options.
Recover Your Unpaid Rent
Our Money Claim Pack gives you everything needed to recover tenant debt: Letter Before Action, Particulars of Claim, and step-by-step guidance.
Start Your Claim — £45.99Frequently Asked Questions
How long does the whole process take?
Minimum 6-10 weeks if undefended (including 30-day LBA period). If defended, add 3-6 months for a hearing. Enforcement adds more time.
What if the tenant has left the country?
You can still get a CCJ, but enforcement abroad is difficult and expensive. Consider whether it's worth pursuing.
Can I claim for my time spent on this?
Generally no. You can claim the debt, interest, and court fees—but not compensation for your time unless there's a contractual basis.
Should I use a debt collection agency?
Some landlords try this first. Agencies typically take 10-25% of recovered amounts. They can be effective for persuading payment but have no special legal powers.
Take action now
Problem → solution
Need to act on this now?
- Recover rent arrears with a guided money claim flow
- Organise unpaid rent evidence and claim details
- Generate court-ready documents for filing
Have a landlord question?
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