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Recovery of Rent Arrears

Stretton Solicitors > Commercial Leases > Recovery of Rent Arrears

Recovering unpaid rent can be one of the most challenging aspects of being a landlord or property owner. Whether you’re managing a residential or commercial tenancy, persistent rent arrears can have a serious financial impact on your income and property investments. At Stretton Solicitors, we understand the legal and financial pressures that come with rent arrears. Our team provides fast, effective legal support to help landlords regain control of their property income — from early-stage negotiation to formal court proceedings if necessary.

In England, more than 1 in 10 private renters were behind on rent payments at least once in 2023.

UK landlords have a legal right to recover rent arrears, but the process must be handled correctly to avoid delays or potential counterclaims. Rent arrears recovery can involve sending a formal demand for payment, pursuing a money judgment through the courts, or, in certain cases, taking steps toward possession proceedings. The correct approach depends on the type of tenancy, the amount owed, and whether the tenant is still in occupation. At Stretton Solicitors, we assess each case individually and recommend the most appropriate course of action to maximise your chances of recovering what you’re owed.

There are several options available to landlords dealing with rent arrears. For residential tenancies, this might include serving a Section 8 Notice under the Housing Act 1988 for rent arrears grounds. In commercial settings, landlords may have additional remedies, such as Commercial Rent Arrears Recovery (CRAR) or forfeiture. It’s essential to act swiftly and within the law — any misstep can weaken your position or cause further delays. Our solicitors guide you through each step, ensuring legal compliance while protecting your financial interests.

Before pursuing legal action, landlords are expected to follow the Pre-Action Protocol for Possession Claims (where applicable), particularly in residential cases. This includes communicating with tenants, attempting to reach a resolution, and giving them the opportunity to address the arrears. While this can sometimes lead to a resolution without court involvement, it also lays a strong foundation for legal action if needed. Stretton Solicitors assists landlords in drafting compliant correspondence and negotiating repayment plans that are realistic and enforceable.

If informal efforts fail, landlords may need to escalate the matter by issuing a court claim. Our team can help you apply for a County Court Judgment (CCJ) to recover the arrears and, if necessary, enforce the judgment through methods such as charging orders, attachment of earnings, or bailiff enforcement. In more serious cases, landlords may also seek possession of the property due to arrears. We handle all paperwork, filings, and representation to ensure your claim proceeds efficiently and professionally.

Landlords recovered an estimated £191 million in rent arrears through formal legal action in 2023, marking a 15% increase from the previous year.

If you’re struggling to recover unpaid rent from a tenant, don’t let the situation escalate further. With expert legal support, you can take control, protect your investment, and secure the income you’re entitled to. At Stretton Solicitors, we provide practical, results-driven advice for landlords across residential and commercial sectors. Contact us today to discuss your rent arrears case — and let our legal team help you recover what’s rightfully yours.

Whether you’re leasing your first premises or renegotiating terms, our expert solicitors ensure your interests are protected from start to finish.