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One of the biggest headaches you may face as a landlord is missed rent payments. Even with thorough vetting of prospective tenants, there is still the possibility that they may miss a rent payment. Sometimes there is a quick and easy resolution but in some cases, landlords will need to take legal actions to recoup the missed payments.

If you are relying on the rental income to cover your mortgage, missed rent can cause finance issues. Fortunately, there are some ways you can minimise the financial impact of missed payments.
Properties in Central London areas such as Notting Hill and Soho are in high demand. Recent data revealed that applicant demand in 2024 was up 15% from the previous year, based on the number of rental property registrations.
This means that landlords in Central London have the benefit of a large pool of prospective tenants to choose from. With comprehensive screening of applicants, you can help to avoid the chance of missed rent payments (as well as other problems, like tenancy deposit disputes further down the line).
However, if you do experience missed payments, it is important that you follow the correct processes to avoid breaking the law. Follow these steps to ensure you comply with the required regulations:
The first step should be to contact the tent to get an understanding of the reason that they have missed their rent payment. There could be a simple explanation, and they will be able to make the payment without any further issues.
However, if there is a sign that there are financial difficulties, such as a change to their financial circumstances due to not being in employment, for example, you may need to prepare for taking further steps.
If your tenant normally transfers the payment to you rather than paying by direct debit or standing order, they may have simply forgotten to make the payment. Another reason for a late payment could be that they have switched bank account and their payments have not been moved over in time. Maybe they have changed job and have a different pay date.
If you speak to your tenant and they have a legitimate reason for the late payment and are able to quickly rectify the situation, you may not need to take any further action.
Before you react to a missed payment, you should consider the best way to approach the situation. Landlords can compromise their legal position by not following the correct rules.
To stay on the right side of the law, it is important that you do not enter the property without notice, as this is classed as trespassing. You should also be careful not to be aggressive or use threatening behaviour.
Talk to your tenant calmly, showing that you want to help them to resolve the situation in the best way to suit both parties. Listen to the reason they provide and suggest some solutions, such as a repayment plan.
These are the correct legal steps to follow when there is a late rent payment:
Firstly, you should try emailing, calling or sending a text message to the tenant to discuss the missed payment. If they do not respond, the next step is to send a formal letter.
In the event that you end up going through court, the paper trail of communications regarding the late rent could be crucial. The letter should include the due date of the payment and a request for the payment by a certain date. You should also state in the letter that court action could be taken should more than two months’ rent be missed.
You should also contact your landlord insurance provider to check what you are covered for and to submit a claim if your insurance covers missed rent payments.
If the tenant has not responded within 14 days of you sending the letter, follow this up with a warning letter. Explain in the letter that if payment is not made, you will have no option but to follow legal proceedings and seek possession of your rental property through the eviction process.
For tenants who have a guarantor, you should also contact the guarantor at this stage to make them aware of the unpaid rent and their responsibility for payment due to the tenants failing to pay the rent.
After 21 days if you still have not received the missed payment, send a final warning letter to advise that you will be taking legal action. Confirm that if the tenant goes more than two months without paying the rent, you will serve a Section 8 or Section 21 notice. (Note that the Renters’ Rights Bill will abolish Section 21 evictions when passed).
If you reach the stage where the tenant has not paid rent for two months, you can now start eviction proceedings by serving a Section 8 notice for rent arrears. You can find the Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy on the gov.uk website. Section 8 evictions can be used if a tenant breaches the terms of the tenancy agreement, such as not paying the rent.
The last resort is to go to court for a possession order and to try and recover the missed rent. The court will review the evidence that you provide, including your records of missed payments and communications with the tenant to make a judgement. They may order the tenant to leave the property by a specific date and make a payment to cover rent arrears. They may also order them to cover the legals costs and court fees.
If you have followed the correct processes outlined above, you will have a better chance of the court deciding on the most positive outcome for you.
Hopefully you won’t find yourself in a position where you have to go through court, as there are ways to minimise the risk of missed payments or to have a financial back up plan, such as insurance.
As experienced estate agents covering Central London areas including Paddington and Victoria, we help landlords navigate complex issues and offer tenant vetting services – whether you need help understanding the rental market, issues like subletting, or new rules like the Renters’ Rights Act. Contact us today to find out more about our services.
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