What should I do if my tenant has failed to pay the rental in time/ default in paying the rental to me?
The Landlord could bring a legal action under the tenancy agreement to recover the rental. More often than not, the tenancy agreement would include termination clauses and the landlord would be allowed to forfeit the deposit. The landlord would also be entitled to seek for other legal actions such as distress proceeding, eviction proceeding or obtain a judgment debt order to recover the rental in arrears from the tenant.
In the event of default of payment of rental, what kind of legal action can I take against the tenant to recover my loss?
There are several legal actions one may pursue:-
- A judgment debt order
- A distress order to send the court bailiff to seize and sell the tenant’s goods in satisfaction of the arrears under the Distress Act 1951.
- An eviction order to evict the tenant from the subject property
Can I chase the tenant out in the event that the tenant has defaulted in the payment of rental?
No. Unless an eviction order has been obtained to chase the tenant out from the property under the assistance of bailiffs and police officer.