If your tenant is struggling to pay their rent because of coronavirus (COVID-19) and has asked you for a rent holiday and to delay their rental payments, use this rent repayment plan to create a formal legal agreement for the deferral and repayment of the rent. It will avoid any potential conflict by setting out clear rules for the repayment of the rent. This rent repayment plan outlines the fixed amounts as well as the frequency of instalments in which the rent is to be repaid.
When should I use a rent repayment plan?
Use this rent repayment plan:
when you are a residential landlord
when you have been asked by your tenant to defer rental payments because of COVID-19 and agree to this deferral
to set out the terms of the rent deferral and repayment
What’s included in a rent repayment plan?
This rent repayment plan covers:
when the deferral period starts
the duration of the deferral period
the instalment amount
when instalments are to be paid
the account details to which the instalments should be paid
What’s a rent repayment plan?
A rent repayment plan creates a formal legal agreement for the repayment of deferred rent payments.
Do I need a rent repayment plan?
A rent repayment plan will help you and your tenant come to an agreement regarding the deferral of rental payments. It will help avoid any potential conflict by setting out clear rules for the repayment of the deferred rent by the tenant.
Is this a formal legal agreement?
Once signed by both the landlord and the tenant, a rent repayment plan becomes a formal legal agreement.
What happens if the tenant doesn't pay?
If a landlord and tenant agree on a plan to pay off arrears at a later date, it is important they both stick to this plan, and that tenants talk to their landlord immediately if they are unable to do so.
Local authorities can provide support for tenants to stay in their homes. Tenants could see if they can access new funding from their local councils or the landlord and tenant should review the repayment terms to see if new terms can be agreed.
Can I issue eviction proceedings if the tenant doesn't pay?
The Coronavirus Act 2020 protects most tenants and secure licensees in the private and social rented sectors by putting measures in place that say that where landlords do need to issue notices seeking possession, the notice period must be for three months. Landlords can choose to give a longer notice period.
At the expiry of the three-month notice, a landlord cannot force a tenant to leave their home without a court order. When the three-month notice period expires, the landlord would still need to take court action if the tenant was unable to move.
However current guidance states that landlords should not commence or continue eviction proceedings without a very good reason to do so. As of 27th March proceedings will be suspended for the next 90 days.
Ask a lawyer for:
advice if the document doesn't meet your needs or cover what you want
advice if the tenant does not agree to the repayment terms
advice if the tenant does not pay the rent repayments
advice if you are based in Scotland
This rent repayment plan is governed by the laws of England and Wales.