What happens when a tenant stops paying and will not vacate the property?

When a tenant stops paying, the right steps matter. Understanding the legal process can protect your property, your income, and your peace of mind.

If a tenant refuses to pay their rent, or repeatedly pays late or only partially, the landlord – or the appointed agent acting on their behalf – must act promptly by issuing a written notice to the tenant. Eviction laws are designed to balance the rights of both parties. Landlords do have legal remedies available to them, but these must follow the prescribed process to avoid a prolonged and complicated eviction.

A breach of contract arises when one of the parties fails to meet their contractual obligations – in this case, the tenant not paying their rent. The landlord is required to send a written breach notice stating that the tenant is in breach of the lease, detailing the outstanding rent, and specifying the date by which payment must be made.

Where the Consumer Protection Act (CPA) applies (typically fixed-term leases with a natural-person tenant and a landlord who lets property in the ordinary course of business), the landlord must give the tenant at least 20 business days to remedy a material breach before cancelling the agreement.

If the lease agreement does not stipulate a notice period, or it stipulates fewer than 20 business days, and the CPA applies, the 20-business-day minimum in the CPA overrides the shorter period. Where the CPA does not apply (for example certain commercial leases or leases to larger juristic persons), the notice period is governed by the lease and common law. The breach notice should also clearly set out the consequences should the tenant fail to comply.

If the tenant does not remedy the breach within the required time, the landlord may issue a letter of cancellation, formally cancelling the lease agreement.

Only once the lease has been lawfully cancelled does the tenant become an “unlawful occupier” for purposes of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). The landlord may then apply to the Magistrate’s Court or High Court with jurisdiction for an eviction order under PIE. This process can take weeks or even months, depending on the circumstances. Tenants have the right to receive proper notice of the proceedings and to oppose the eviction, and appeals or postponements can delay the process further, allowing them to remain in the property for an extended period. For this reason, accurate and thorough record-keeping is essential.

When the eviction is granted, the court will set a date by which the tenant must vacate. If they still refuse to leave, the landlord may instruct the Sheriff of the Court to enforce the eviction and remove the tenant from the property.

Landlords may not unlawfully evict a tenant without first obtaining a court order, or engage in any conduct that infringes on the tenant’s rights. This includes intimidation, harassment, changing locks, removing belongings without a court order, or cutting off electricity or water supply in an attempt to force a tenant out. Such “DIY” eviction steps are unlawful and can expose landlords to urgent court orders (such as spoliation orders), damages claims, and even criminal consequences.

Given the complexities of rental management and eviction law, Etchells & Young strongly recommends that landlords rent through an accredited and reputable rental agency that understands the legal framework. Rental properties not professionally managed through Etchells & Young experience significantly higher rates of partial or non-payment. Our thorough screening processes enable our Applications Department, and therefore landlords, to make informed decisions regarding affordability. In addition, having a legal and compliance team ready to act in the landlord’s best interests, should a worst-case scenario arise, is what distinguishes tenant placement from professional rental management.

At Etchells & Young, our dedicated legal and compliance department understands the challenges landlords face when dealing with non-paying tenants. Our specialist attorneys provide professional legal services at a reduced rate to Etchells & Young clients, ensuring that any eviction process is managed efficiently and in full compliance with the law. We always prioritise our clients’ best interests.