When a tenant stops paying rent, the landlord should act quickly but lawfully. Start by checking the tenancy agreement, payment dates, grace periods, utility obligations and any clauses dealing with late or missed payments.
Prepare an accurate rent statement showing every payment due, every payment received and the total outstanding balance. Keep bank statements, receipts, messages, emails and copies of any reminders sent to the tenant.
Contact the tenant in writing and request payment by a clear deadline. The communication should identify the unpaid months, the total amount owed and any unpaid ARMS or utility charges for which the tenant is contractually responsible.
If the tenant is experiencing a temporary financial problem, the landlord may consider a written repayment plan. The plan should state the outstanding amount, instalments, payment dates and what happens if another payment is missed.
The landlord should not change the locks, remove the tenant's belongings, disconnect utilities, enter the property without lawful authority or use intimidation to recover possession.
If payment is not made, the landlord should consider obtaining legal advice and commencing the appropriate procedure to recover the debt, terminate the tenancy or recover possession.
Any claim should be supported by the registered lease, rent ledger, bank records, written reminders, utility statements and evidence showing how the outstanding amount was calculated.
Recovering possession and recovering the unpaid debt may involve separate legal considerations. A landlord should decide which outcome is the immediate priority and obtain advice about pursuing one or both.
Even when the tenant may have limited funds, using the lawful process is safer than attempting to force the tenant out and creates a formal record of the breach and outstanding debt.
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