For many, renting is the ideal way to use a home or business premises without owning the property. Tenants enter into a rental contract with the landlord, which sets out the obligations of both parties. An essential part of this agreement is the timely payment of the rent. Failure to meet this payment obligation can lead to rent arrears, which can have serious consequences. In some cases, a bailiff is even called in to collect the rent arrears. In some cases this can even lead to eviction. In this article we take a closer look at the role of the bailiff in rent arrears and what this means for both the tenant and the landlord. ZSM House Clearance happy to help you.
Rent arrears: payment arrangements and reminders
When entering into a rental agreement, the tenant is expected to pay the monthly rent on time. This must of course be done every month and in most cases this is the first of the month. If you pay every month, there is nothing to worry about, but if the tenant cannot pay the rent on time for whatever reason, the landlord must be contacted as soon as possible. Even if it is only 1 month. In many cases, the landlord is willing to make payment arrangements and make agreements to catch up on rent arrears. This may, for example, mean that the tenant pays the overdue rent in installments on top of the current rent. Of course, a landlord cannot simply evict a tenant.
No reaction
If the tenant does not respond to payment reminders and reminders from the landlord, the landlord can choose to engage a bailiff. A bailiff is a bailiff who specializes in collecting outstanding claims, including rent arrears. If you do not pay the rent and do not make an arrangement, the landlord will ensure that the tenant will still pay the rent arrears through the bailiff. Calling in a collection agency can also be an intermediate step before calling in the bailiff. The collection agency will try to find a solution in consultation with the tenant and still obtain payment.
The role of the bailiff
The bailiff comes into the picture when all other attempts to collect rent arrears have failed. The landlord must initiate legal proceedings and ask the subdistrict court judge for a judgment. Once the judge has pronounced the judgment and ordered the tenant to pay the rent arrears, the bailiff can take action.
The bailiff has various tasks in the event of rent arrears. Firstly, the bailiff will try to induce the tenant to pay by, for example, seizing the tenant's income or property. In addition, the bailiff can also evict the living space and therefore terminate the rental contract. This means that the tenant is forced to leave the property and the landlord regains possession of the property. This way, the landlord no longer has to force the tenant to pay rent, but can simply choose new tenants. A tenant who pays the rent properly will of course not experience this procedure.
Legal proceedings and eviction
The legal procedure for rent arrears is usually a 5-step procedure. It starts with submitting a petition to the subdistrict court judge. The tenant is given the opportunity to put up a defense and explain his position. The judge will then make a decision in which he may rule that the rental agreement will be terminated due to the rent arrears.
If the judgment has been pronounced after the rent arrears procedure, the tenant usually has a certain period in which to meet his payment obligations. If the tenant does not pay within this period, the landlord can call in the bailiff to evict the property. This is a drastic measure that is only taken as a last resort.
Preventive measures and solutions
It is important for both tenant and landlord to avoid rent arrears. Tenants can take various preventive measures to avoid falling into rent arrears. It is advisable to always pay the rent on time and to discuss any financial problems with the landlord in a timely manner. In some cases it may be possible to make a payment arrangement, so that the tenant can pay the rent in installments. If there is more than 2 months' rent arrears, this unfortunately often results in a new rent arrears, such as a rent arrears of 3 months. If a tenant cannot pay the rent in this case, it is important to get help as soon as possible so that he or she does not have more problems.
Rights and obligations
As a tenant, it is also important to be aware of your rights and obligations when it comes to rent arrears. It is advisable to read the rental agreement carefully and understand the consequences of not paying the rent on time. In addition, it is essential to communicate openly and honestly with the landlord. By contacting us in a timely manner and discussing any financial problems, a suitable solution can often be found.
Take action
It is important for landlords to take timely action in the event of rent arrears. Sending payment reminders and reminders is a first step to encourage the tenant to pay. If this does not produce the desired result, calling in a bailiff may be necessary. However, as a landlord it is also advisable to be open to a payment arrangement or other solutions before legal proceedings and eviction are initiated.
Finally
Rent arrears can lead to serious consequences for both the tenant and the landlord. Failure to pay the rent on time can result in the involvement of a bailiff, legal proceedings and even eviction from the home. It is therefore very important to prevent rent arrears and to take timely action in the event of financial difficulties.
Open communication
Open communication between tenant and landlord is essential to arrive at appropriate solutions, such as making payment arrangements. Hiring a bailiff is often a final step in the process and can be prevented through timely and constructive communication.
Compliance with the agreement
Complying with the rental agreement and paying the rent on time are the responsibilities of both tenant and landlord. By working together and understanding each other's situation, rent arrears can be prevented, tenants can enjoy a stable living situation and landlords can achieve a healthy return on their investment.
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Help Center
We would like to answer a number of common questions about rent arrears.
What are the consequences of a month's rent arrears?
A month's rent arrears can lead to various legal procedures, such as starting legal proceedings and ultimately even eviction from the home. In addition, additional costs may arise, such as the costs of the bailiff and any legal proceedings.
Can the landlord evict the tenant without court intervention?
No, the landlord may not evict the tenant without court intervention. Only a judge can decide to terminate the lease and vacate the home. If the landlord sees that the rent is not paid, he/she may not simply vacate the home or business premises. There is still a rental agreement and of course a judge must be involved.
Is it possible to make a payment arrangement in case of rent arrears?
Yes, in many cases it is possible to make a payment arrangement in case of rent arrears. It is important to contact the landlord in a timely manner and make arrangements. If the tenant cannot pay the rent on time, it is better to contact the landlord quickly to prevent eviction.
How long does it take before the bailiff is called in?
The time before a bailiff is called in may vary. This depends on the landlord and the specific situation. In some cases, a collection agency is called in before a bailiff is called in.
What happens if the rent arrears cannot be paid?
If the rent arrears cannot be paid, it is important to contact the landlord as soon as possible. Together we can look at possible solutions, such as making a payment arrangement or looking for other forms of financial support. It is important to communicate openly and honestly to prevent the situation from escalating.
