What Happens to my Property if my Tenant Goes to Prison?
Life can throw curveballs at you from any direction. So, being prepared for even the most unlikely of situations is recommended, especially for Landlords. This blog covers what happens with your rental property and what to do if, in the unlikely event, your tenant is convicted.
Life, as a landlord and a letting agent, is often like a box of chocolates. You never know what you’re going to get.
This may sound like a very strange topic for a blog, however, we have encountered this situation three times now, albeit in almost 25 years of letting properties.
Of all the eventualities you might face as a landlord, a tenant going to prison is one of the most unusual and can also be extremely worrying. You probably won’t see it coming, and will probably be left wondering what on earth you should do next.
The first thing to be aware of is you cannot automatically repossess your property if your tenant goes to prison, no matter how long their sentence is. The tenancy agreement is still valid and provided they keep up the rental payments, it will stay that way indefinitely.
However, it’s unlikely that the tenant will want to continue paying rent for a property they aren’t living in, so you’ll have to do something about it. Here’s what you should do if your tenant goes to prison.
Confirm the Tenant is in Jail
First things first, you need to confirm, beyond all reasonable doubt, whether or not your tenant has, in fact, been incarcerated.
Chances are, you will hear about it on the local grapevine, either through a neighbour or by word of mouth. Don't just take someone's word for it, try contacting the tenant in the first instance. If you can’t locate the tenant directly, call their emergency contacts and/or their work.
Get in Contact
Once you’ve confirmed that the tenant is in jail, and you’ve managed to ascertain their location, you really need to make contact with them directly. Chances are they will not use their one phone call to contact their landlord or agent so, you need to make contact through an intermediary - a family member or their guarantor. If all else fails, someone may actually have to pay them a visit.
Good communication is key at this point. Together, you can come to an agreement about the best way to proceed.
What are the Options?
The tenant keeps renting
The tenant may wish to continue renting the property, especially if they are serving a short sentence - if so, that’s great! Just remind them that rental payments must still be made on time, and suggest to them that you will keep the property secure in their absence.
The tenant surrenders the tenancy
If the tenant has no interest in keeping up with rent payments, you can request that they surrender the tenancy agreement voluntarily. You could even offer to waive any rent arrears if they agree to surrender the tenancy - not ideal, but it may be the most hassle-free way to get your property back.
If the tenant doesn’t agree to either of these options and they want to keep the property but won’t keep up rent payments - it’s time to commence repossession proceedings...
Obtaining Possession
If the tenant doesn’t keep up rent payments, then rent arrears will soon build up, giving you grounds for eviction under Section 8 of the Housing Act 1988. Section 8 can only be used if there are at least 2 months of arrears if the rent is paid monthly or 8 weeks of arrears if the rent is paid weekly. If the tenant is already in rent arrears and meets the criteria, you can serve notice immediately.
You’ll have to serve the Section 8 to the tenant wherever they are incarcerated, either by post or in person. The tenant has the right to challenge the eviction notice, in which case you’ll have to go through the courts to regain possession of your property.
Another option is to serve a Section 21 - but keep in mind this cannot be used during a fixed term tenancy. Our full guide for serving a Section 8 or Section 21 can be found at the end of this blog.
Seek Legal Advice
While this guide provides an overview of what happens if a tenant goes to prison, in reality, things may often be far more complicated.
Therefore it’s highly recommended you contact an experienced solicitor to guide and support you through the entire process. Regaining possession of a property can be tricky at the best of times - when prison is involved, who knows what you might be up against. Just remember that help is always at hand, whether it’s from ourselves or a solicitor.
Blog - How to Gain Repossession of your Property - click HERE