How to use a Schedule of Rent Arrears

When a tenant falls behind with their rent, it is important for landlords to keep an accurate record of the payments due and the amounts outstanding. If rent arrears continue to build up and the landlord decides to take legal action, having a clear breakdown of the tenant’s rent account can be particularly valuable.

Lawpack’s Schedule of Rent Arrears is designed to help landlords record rent payments, calculate outstanding arrears and organise the information needed when pursuing a possession claim through the courts.

What is a Schedule of Rent Arrears?

A Schedule of Rent Arrears is a document that sets out the history of rent payments for a property. It shows how much rent was due, when payments were made and how much remains unpaid.

The schedule provides a straightforward way to calculate the total arrears and explain how the amount owed has accumulated over time. Rather than relying on informal notes or a series of bank statements, landlords can use the form to present the relevant information in a clear, structured format.

This can be particularly useful when a tenant has missed several payments, made only partial payments or paid irregular amounts towards the outstanding balance.

What information does the form include?

Lawpack’s Schedule of Rent Arrears contains five columns, each helping landlords build a clear picture of the tenant’s rent account.

  • Due date: The date on which the rent payment was due under the tenancy agreement.
  • Amount due: The amount of rent payable for that period.
  • Date paid: The date on which a payment was received, if applicable.
  • Amount paid: The amount the tenant actually paid towards the rent.
  • Total outstanding: The running balance of rent arrears remaining unpaid.

By completing each column accurately, landlords can demonstrate which payments have been missed and how the outstanding balance has been calculated.

For example, if a tenant owes £800 per month and misses two consecutive payments, the schedule would record each payment due and show the arrears increasing to £1,600, assuming no other payments or credits have been received. If the tenant subsequently pays £300, the schedule can be updated to show the reduced balance of £1,300.

This clear breakdown helps avoid confusion and makes it easier to identify discrepancies between the landlord’s records and the tenant’s understanding of their account.

Why is a Schedule of Rent Arrears important?

A Schedule of Rent Arrears is useful for more than simply keeping track of unpaid rent. It can also play an important role in managing a tenancy and preparing for possible legal proceedings.

Keeping accurate rent records

Landlords should maintain an accurate record of every rent payment due and received throughout the tenancy. Updating the schedule regularly helps identify missed payments early and ensures that the total arrears can be established at any given time.

Keeping the schedule up to date is particularly important if a tenant makes occasional payments or agrees to repay the arrears in instalments.

Communicating with the tenant

A clear schedule can help landlords explain the outstanding balance to a tenant and identify any disagreements about the rent account.

For example, a tenant may believe that a payment has been made when it has not been recorded correctly. Comparing the schedule with bank statements and receipts can help resolve the discrepancy before the matter escalates.

Supporting a possession claim

Where rent arrears persist, a landlord may decide to seek possession of the property through the courts. A Schedule of Rent Arrears can help explain the financial position and provide supporting evidence of the unpaid rent.

The schedule should be prepared carefully and supported by relevant records, such as the tenancy agreement, bank statements and correspondence about the arrears.

Using the Schedule of Rent Arrears in England

In England, landlords seeking possession because of rent arrears must follow the applicable statutory procedure. Since the Renters’ Rights Act 2025 came into force on 1 May 2026, the possession framework for assured tenancies has changed, and Section 21 no-fault evictions are no longer available.

A landlord seeking possession on rent-arrears grounds will generally need to serve the appropriate Section 8 notice, identifying the statutory ground or grounds relied upon and allowing the required notice period.

Lawpack’s Schedule of Rent Arrears can help landlords organise the rent information relevant to their claim. It should be completed accurately and used alongside the appropriate notice and court documents.

For a possession claim based on rent arrears, the N119 Particulars of Claim form is used with the N5 Claim Form under the relevant procedure. The rent-arrears schedule should be included where required to set out the payments due, the payments received and the outstanding balance.

Landlords should check the current court forms, procedural rules and requirements for their particular claim before issuing proceedings. The schedule is a supporting document; it does not replace a valid notice or guarantee that the court will grant possession.

Using the form in Scotland

Landlords in Scotland must follow a different legal framework from landlords in England. The notices and court procedures depend on the type of tenancy and the grounds on which possession is being sought.

Historically, a Schedule of Rent Arrears has been used in connection with an AT6 notice for certain short assured tenancies. However, Scotland’s tenancy laws have changed, and short assured tenancies are no longer the standard arrangement for new private residential tenancies.

Landlords should therefore check which tenancy regime applies and confirm the current notice and evidence requirements before relying on the form.

How to complete the schedule effectively

To make the Schedule of Rent Arrears as useful as possible, landlords should follow a few basic steps.

  1. Check the tenancy agreement. Confirm the rent amount, payment frequency and contractual due dates.
  2. Review payment records. Use bank statements, receipts and rent account records to establish which payments have been received.
  3. Record each rental period. Enter the amount due and any payment received against the relevant dates.
  4. Calculate the running balance. Make sure each outstanding figure reflects previous arrears, new rent due and payments or credits received.
  5. Check the figures. Verify the totals and investigate any disputed payments before relying on the schedule.
  6. Keep it updated. Record further payments and prepare an updated version when needed for correspondence or court proceedings.

Landlords should distinguish rent arrears from other sums, such as interest, legal costs or additional charges, which may require separate treatment and a legal basis for recovery.

A practical tool for managing rent arrears

Dealing with unpaid rent can be stressful and time-consuming, particularly when arrears continue to accumulate. Maintaining clear records from the outset can make it easier to understand the position, communicate with the tenant and prepare the necessary paperwork if legal action becomes unavoidable.

Lawpack’s Schedule of Rent Arrears provides a structured way to record payments due and received, calculate the outstanding balance and organise important rent-account information. Used alongside the relevant tenancy documents and supporting evidence, it can help landlords prepare for the next steps in managing rent arrears.

Whether you manage your property yourself or use a letting agent, an accurate schedule is a useful part of responsible tenancy management.

This article provides general information and is not legal advice. Landlords should check the current legal requirements and applicable court procedures before serving notices or starting possession proceedings.

How a landlord should complete a check-out

Arrange to meet your tenant no later than 24 hours after the final day of the tenancy so that no external influences have had an opportunity to affect the condition of the property. If the check-out is done too long after the tenants have left, they may be able to claim that the damage was done after they left and that it is therefore not their responsibility.

You should also try to conduct the appointment at a time that will offer you the best chance of good weather conditions so that you can see as much of the property in natural light as possible.

When you arrive you will need to take back the keys, read the meters and ask your tenant for his forwarding address. There are spaces for you to record all of this information in the Property Inventory and Schedule of Condition Template. It is advisable that you do this before going through the property with the tenant so that it is out of the way.

Many landlords find it useful to explain to their tenants how they intend to inspect the property. For example, you might like to read the Property Inventory and Schedule of Condition out loud as you go from room to room checking each item carefully in the tenant’s presence. Alternatively, you may like to go through the property reading the Property Inventory and Schedule of Condition to yourself only raising any areas of suspected damage or missing items with your tenant as you come across them. Either way the key is to be as thorough and as objective as possible.

When you do discover something that is either missing or damaged you should use the relevant comments box on the Property Inventory and Schedule of Condition Template under the column headed ‘Check-out’. Also, do not be afraid to write down anything that relates to general wear and tear as this will assist you when it comes time to updating your Property Inventory and Schedule of Condition for the next tenancy; if your tenant questions you about wear-and-tear damage, tell him that you are simply making notes for this purpose and that you cannot deduct money from his deposit for items that have suffered fair wear and tear.You might consider making these comments with a different coloured pen.
When you do make the distinction between what is fair wear and tear and what is excessive damage you must consider a number of factors such as how old the item is and the quality and condition it was in when the tenant moved into the property. It is essential that you avoid making any financial or material gain when you deduct money from your tenant’s deposit, so always think about how long each item might reasonably last in a rented property and also the ‘type’ of tenants you have; for example, a family with young children is likely to cause more wear and tear to your
property than a professional couple who are out at work all day, and you must take this into consideration.

Being objective

It can sometimes be very difficult to stand back and consider your property objectively when conducting a check-out, particularly in the instance that you feel your tenants have caused some damage or not looked after the property as you might have done.

As you go through the check-out procedure with the tenant, maintain open dialogue and try not make personal remarks that could cause friction. Remember that you are a landlord and this is a business transaction. You should remain fair and reasonable and make all allowances for what is acceptable wear and tear and what is excessive damage.

As you make notes in the check-out boxes on the Property Inventory and Schedule of Condition, think practically about what will need to be done to put things right. Remain calm and discuss this with your tenant politely. You might try to imagine yourself as an independent Inventory Clerk whose duty is simply to record the condition of the property when the tenant moved in compared to how it looks now.
If the tenant is not happy with this, show him the place in the Property Inventory and Schedule of Condition where you have noted a change in condition and ask for his feedback. Remember that the tenant signed the Property Inventory and Schedule of Condition when he moved in agreeing to the items and their condition, so it should be relatively simple for you to prove instances where excessive damage or loss has
occurred within this document.

At the end of the check-out you should be able to see any areas where you think the tenant may be liable for costs that could be deducted from the deposit and you should state these along with any action you intend to take.

Always consider how a third party might view the deductions you propose. Your tenant may be able to force you to prove, via arbitration, that the sum you want to deduct is fair.

If you can see no reason to make any deductions from the tenant’s deposit, you should not waste time in administering the return of the monies in full. As long as you have received all sets of keys, there is no need for the deposit to be held onto and, depending on when the tenancy began and which Tenancy Deposit Scheme you are using, it should be returned to the tenant by you or the scheme administrator.

If you do intend to make deductions from the deposit, see the article Apportioning costs and life expectancy. When your tenant vacates the property you might consider changing the locks to maintain security. If the tenant does not return all sets of keys at the check-out it is
reasonable to make a charge against him for changing the locks.

How to end a tenancy in England

Understanding Assured Periodic Tenancies

Following the enactment of the Renters’ Rights Act 2025, the default tenancy for most private residential lettings in England is an Assured Periodic Tenancy (APT), referred to in the legislation as a ‘section 4A assured tenancy’. If you are intending to let a residential property, it is highly likely that this will be the type of tenancy you create.

An Assured Periodic Tenancy gives the tenant the right to exclusive possession of the property until the tenancy is lawfully terminated by either party, provided that the appropriate notice and legal procedures are followed. Unlike a fixed-term tenancy, an APT has no predetermined end date and continues periodically until it is brought to an end in accordance with the law.

When Can a Landlord Seek Possession?

If a tenant fails to pay rent, breaches the terms of the tenancy agreement or otherwise gives grounds for possession, a landlord must follow the correct legal procedures before seeking to recover the property. Eviction can be a complex process, and landlords should seek legal advice to ensure that they comply with their statutory obligations.

The Renters’ Rights Act 2025 abolished ‘no-fault’ evictions under Section 21 of the Housing Act 1988. Consequently, landlords can no longer rely on Section 21 to recover possession without establishing a statutory ground. Instead, landlords must serve a Section 8 Notice Seeking Possession, relying on one or more applicable grounds for possession under the Housing Act 1988, as amended by the 2025 Act.

Serving a Section 8 Notice Seeking Possession

To formally begin the possession process, a landlord must serve the tenant with a written Notice Seeking Possession. The relevant notice form is available in Lawpack’s Residential Letting Kit

The notice must identify the grounds for possession on which the landlord intends to rely. Different grounds carry different notice periods, and certain grounds require the tenant to have been given prior notification that they may be relied upon. The Lawpack tenancy agreement included in this Kit addresses this requirement.

Landlords should carefully check the applicable grounds, notice requirements and service provisions before issuing a notice. Serving an incorrect notice or failing to comply with the relevant statutory requirements may delay possession proceedings or undermine the claim.

Seeking Possession for Rent Arrears

Where a tenant has fallen behind with rent payments, the landlord may be able to seek possession under the relevant rent-arrears grounds.

Under the Housing Act 1988, as amended by the Renters’ Rights Act 2025, the mandatory rent-arrears ground described here requires arrears of at least three months’ rent, or 13 weeks’ rent for a weekly tenancy, both when the notice is served and at the date of the court hearing.

Where these conditions are satisfied, the court is required to grant a possession order under the mandatory ground, subject to the applicable statutory requirements. Landlords should therefore ensure that the arrears meet the relevant threshold before relying on this ground.

For example, if the monthly rent is £500, the tenant must owe at least £1,500 in rent arrears to meet the three-month threshold. If the arrears fall below the required level by the date of the hearing, the mandatory ground may no longer be available, although another applicable ground may be relevant.

Notice Periods and Service Requirements

When relying on the relevant rent-arrears ground, the landlord must give the tenant at least four weeks’ notice to address the arrears before possession proceedings can be commenced on the basis of that notice.

It is important to calculate the notice period correctly. Landlords should allow sufficient time for the notice to be served, taking account of the method of delivery and any applicable rules governing deemed service. Where the notice is sent by post, an allowance of at least two working days for service should be considered, subject to the applicable service rules.

Incorrectly calculating the notice period or failing to serve the notice properly can cause unnecessary delays and may require the landlord to serve a fresh notice.

Conclusion

The Renters’ Rights Act 2025 has significantly changed the process by which landlords in England can recover possession of residential property. With Section 21 no longer available, landlords must identify an appropriate statutory ground, serve a valid Section 8 notice and comply with the relevant notice periods and procedural requirements.

Where rent arrears or other tenancy breaches arise, landlords should keep accurate records, check the applicable statutory requirements and obtain legal advice where necessary. Taking these steps can help reduce the risk of procedural errors and ensure that possession proceedings are handled lawfully and efficiently.

Important note: This article is intended as general information for landlords and does not constitute legal advice. The applicable legislation, prescribed notice forms and procedural requirements should be checked before serving a notice or commencing possession proceedings.

Regulations you must know before letting property

Before letting your property, you need to make sure that it is safe, suitable for occupation and compliant with the legal requirements that apply to your type of letting.

Getting the property ready before a tenant moves in can help prevent avoidable repair costs, reduce disputes and make the property more attractive to prospective tenants. It is often easier to complete necessary repairs while the property is empty than after the tenancy has started.

The requirements vary depending on the property’s location, the type of tenancy and whether it is, for example, a house in multiple occupation (HMO). The following checklist focuses on England; landlords in Wales, Scotland and Northern Ireland should check their respective rules.

1. Check permissions and restrictions

Before advertising the property, check your mortgage conditions, leasehold restrictions and insurance policy. Obtain any consent required to let the property.

Also check whether your proposed use or any building work requires planning permission or building regulations approval. If the property will be occupied by multiple households, check the local planning and HMO licensing rules.

2. Check whether a licence is required

In England, mandatory HMO licensing generally applies to properties occupied by five or more people forming two or more households who share facilities. Additional licensing and selective licensing schemes may also apply, depending on the local authority.

Contact the relevant council to establish which requirements apply before granting a tenancy.

3. Ensure the property is safe and in good repair

Inspect the property before letting it. Address hazards such as serious damp and mould, inadequate heating, unsafe stairs, defective electrical installations and problems with sanitation.

Landlords must comply with applicable fitness, repairing and safety obligations throughout the tenancy, not just at the start.

4. Arrange the required gas safety checks

Where gas safety regulations apply, arrange an annual gas safety check by a Gas Safe registered engineer and provide the gas safety record to the tenant within the applicable deadline.

5. Check furniture and fire safety

If the property is furnished, ensure that applicable furniture fire-safety requirements are met. Check that appropriate fire precautions are in place, particularly in HMOs and shared buildings.

6. Obtain an electrical safety report

For most private rented residential properties in England, the fixed electrical installation must be inspected and tested by a qualified person at least every five years, subject to the applicable rules. Give the tenant the required report and complete any necessary remedial work.

7. Check general safety

Make sure the property, its fixtures and any appliances supplied are safe. Check smoke alarms, carbon monoxide alarms where required, doors, windows, stairs and other features that could present a foreseeable risk.

8. Complete the required paperwork

Before the tenancy starts, check which documents and certificates you must provide. Depending on the property and tenancy, these may include an Energy Performance Certificate, gas safety record, electrical installation condition report and prescribed tenancy information.

In England, also complete the required right-to-rent checks and follow the current rules on tenancy documentation.

Keep copies of the relevant records and certificates so that you can demonstrate compliance if a question arises later.

Related Products:

Which tenancy agreement do I need?

You’ve got your rental property and found your tenant – all you need to do is get them to sign a tenancy agreement. But which one do you need?

If you’re a landlord who thinks tenancy agreements are unnecessary, think again! A tenancy agreement is vital as it sets out the rights and obligations between you and your tenant and, as a result, protects your property and your finances. But you must use the correct tenancy agreement for the right type of tenancy concerned.

Lawpack has a wide range of tenancy agreements, including assured shorthold tenancy agreements, non-assured shorthold tenancy agreements, private residential tenancy agreements, company let tenancy agreements and lodger agreements. But which tenancy agreement should you use?

England

APT or non-APT?

When the Renters’ Rights Act came into force on 1 May 2026, Assured Shorthold Tenancies were abolished and most tenancies in England have become Assured Periodic Tenancies (APTs), regulated by the Housing Act 1988.

Some tenancies are exceptions, however, and you may need to use a non-Assured Periodic Tenancy agreement if any of the following applies:

  • The rent is at the rate of over £100,000 a year
  • The tenant is living in self-contained premises in the same building as you
  • The tenant is a limited company
  • The property isn’t the tenant’s main home (e.g. a weekend cottage)
  • It’s a holiday let

Find out more about non-APT tenancy agreements and which one you need to use below.

Assured Periodic Tenancy (APT)

Assuming your tenancy is an APT, slightly different forms of tenancy agreement need to be used depending on whether:

  • there is one or more tenants living in the whole flat or house, or
  • there are a number of tenants who all have separate tenancy agreements for their own room, with shared use of the rest of the property

Lawpack publishes the following APT agreements you can use:

Unfurnished Tenancy Agreement / Furnished Tenancy Agreement

You can use either of these APT agreements if you, as the landlord, don’t live at the property. Both tenancy agreements can be used for a single tenant who occupies the property on their own, or a group of tenants who jointly occupy the property and share responsibility.

If the tenants are sharing and sign this tenancy agreement as a group, it’s best if they are all family or friends as problems can arise if you’re letting to people who don’t know each other and they want to leave the property at different times.

Tenancy Agreement for a Room

It may be preferable for you to get them to sign a tenancy agreement for their individual room, which gives them shared use of the rest of the property. When giving your sharing tenants a separate tenancy agreement, it’s best to use a non-resident house share/flat share agreement.

This tenancy agreement can be used if the tenant is living in a room in the property where you, as the landlord, are not resident.

Under this APT tenancy agreement, the tenant has exclusive occupation of their designated room and will share the use and facilities of the house or flat (e.g. bathroom, toilet, kitchen and sitting room) with other occupiers of the furnished property.

Non-Assured Periodic Tenancy

In England non-Assured Periodic Tenancy agreements are also known as ‘common law’ tenancy agreements, as they are governed by underlying common law and are not regulated by the Housing Act 1988.

Lawpack has the following non-APT tenancy agreements you can use:

Contractual Tenancy Agreement (Non-Assured Periodic Tenancy Agreement)

This non-APT tenancy agreement (for England) should be used if:

  • The annual rent exceeds £100,000 a year.
  • The premises being let is self-contained accommodation in a property that has been converted from a single property to multiple units (e.g. a house converted into flats), where you (the landlord) live.
  • The property isn’t the tenant’s principal home (e.g. a weekend cottage).

This common law tenancy agreement can be used for a single tenant who occupies the property on their own, or a group of tenants who jointly occupy the property and share responsibility.

Company Let Tenancy Agreement

This Company Let Tenancy Agreement should be used if you want to let a house or flat in England to a company.

This common law tenancy agreement should be used where the tenant is a company and the occupier of the property is an employee or visitor of the company, with their family.

What if I use an APT by mistake?

If you accidentally use an APT instead of a common law tenancy agreement, don’t panic. It doesn’t mean that your tenant isn’t entitled to live in the property and doesn’t have a proper tenancy. But some parts of the tenancy agreement – those relating to the APT – will be misleading and could cause problems later down the line (e.g. you may have difficulty evicting the tenant at a later date).

Other letting agreements

Holiday Letting Agreement

This rental agreement can be used if you’re letting out a furnished property in England on a holiday let basis (e.g. for a limited period or holiday). It can be used with most types of holiday let properties (e.g. a house, apartment, flat, caravan or cottage).

The Holiday Letting Agreement is specifically excluded from the Housing Act 1988, so tenants have no security of tenure and must vacate the property at the end of the fixed term, or if found to be in breach of the terms of the Holiday Let Agreement.

Lodger Agreement

You can use this Lodger Agreement in England & Wales and Scotland when you want to rent a room in your furnished home and are happy for the lodger to share the common parts of the property (e.g. bathroom, toilet, kitchen and sitting room) with you. But this Lodger Agreement can only be used in situations where the property is your principal home.

Scotland

Private Residential Tenancy agreement (PRT)

PRTs are similar to APTs in England. You can use a Private Residential Tenancy agreement if you, as the landlord, don’t live at the property.

Lawpack has the following Scottish PRT tenancy agreements you can use:

Unfurnished Tenancy Agreement / Furnished Tenancy Agreement

Both of these PRT tenancy agreements can be used for a single tenant who occupies the property on their own, or a group of tenants who jointly occupy the property and share responsibility.

Tenancy Agreement for a Room

This tenancy agreement can be used if the tenant is living in a room in a furnished property where you, as landlord, are not resident.

Under this PRT tenancy agreement, the tenant has exclusive occupation of their designated room and will share the use and facilities of the house or flat (e.g. bathroom, toilet, kitchen and sitting room) with other occupiers of the property.

Other letting agreements

Holiday Letting Agreement

This agreement can be used if you’re letting out a furnished property in Scotland on a holiday let basis (e.g. for a limited period or holiday).

It can be used with most types of holiday let properties (e.g. a house, apartment, flat, caravan or cottage).

The Holiday Letting Agreement is specifically excluded from the Housing Act 1988, so tenants have no security of tenure and must vacate the property at the end of the fixed term, or if found to be in breach of the terms of the Holiday Let Agreement.

Lodger Agreement

You can use this Lodger Agreement when you want to rent a room in your furnished home and are happy for the lodger to share the common parts of the property (e.g. bathroom, toilet, kitchen and sitting room) with you. But this Lodger Agreement can only be used in situations where the property is your principal home.

Northern Ireland

Private Tenancy

Lawpack has a Northern Ireland Tenancy Agreement which complies with the regulations that apply to private residential tenancies in Northern Ireland.

This private tenancy agreement can be used for a single tenant who occupies the property on their own, or for a group of tenants who jointly occupy the property and share responsibility.

The terms and conditions included in this tenancy agreement meet the legal requirement in Northern Ireland that a ‘Statement of Tenancy Terms’ must be given to the tenant. Plus it includes a Property Inventory of Furnishings, which all tenancies are required to have by law in Northern Ireland.

How to serve eviction notices properly

How to serve an eviction notice correctly and keep proof of service

As a landlord, if you want to regain possession of your rental property, it is important to serve the correct legal notice and comply with the applicable notice period and service requirements. If you fail to do so, your possession claim may be delayed or unsuccessful.

A letter simply asking your tenant to leave by a particular date will generally not be sufficient for an assured tenancy. You must use the appropriate legal procedure and notice.

Choosing the correct eviction notice

In England, the rules for private rented tenancies changed on 1 May 2026 under the Renters’ Rights Act 2025. Section 21 notices are no longer available for most private landlords. A landlord seeking possession of a property let under an assured tenancy will generally need to use a Section 8 notice, relying on one or more applicable grounds for possession.

The correct notice, grounds and notice period depend on the circumstances. Always check the latest government guidance and prescribed forms before serving notice.

Checking the notice before serving it

Before serving a notice, check that:

  • You have used the correct current notice form.
  • The landlord, tenant or tenants, and property are correctly identified.
  • The grounds for possession and notice period are appropriate.
  • You have complied with any relevant requirements in the tenancy agreement and applicable legislation.

For joint tenancies, take care to identify the relevant joint tenants, including those who may have moved out but remain legally party to the tenancy.

If the tenant rents a room in a shared property, identify the room and the full property address clearly where appropriate.

Serving an eviction notice by hand

Personal delivery can be a useful way to serve notice, particularly where you anticipate a dispute about receipt.

Where possible, consider having an independent witness present or using a professional process server. Keep a copy of the notice and a contemporaneous record of the date, time, location and method of service.

Leaving a notice at the property may also be appropriate, but you must check that the method complies with the applicable service rules. Do not assume that taking a photograph of a notice left at a door will, by itself, establish valid service.

Serving an eviction notice by post

Postal service may be appropriate where permitted by the tenancy agreement and the applicable legal rules.

Obtain proof of posting and retain a copy of the notice and any relevant delivery records. Remember that proof of posting does not necessarily prove actual delivery. Whether postal service is legally effective depends on the applicable provisions, including any rules about when service is deemed to have taken place.

Recorded delivery is not automatically the best option, as a tenant may refuse to accept the item. Check the service requirements before choosing a postal method.

Serving notice on a a difficult tenant who may dispute receipt

If you anticipate that a tenant may deny receiving the notice, consider using an independent witness or a professional process server.

Ask the process server to keep a detailed record of the steps taken to serve the notice and any relevant observations. Retain this record alongside your copy of the notice and other supporting evidence.

You should also complete the appropriate certificate of service, such as Form N215 where applicable, or follow the relevant official guidance.

Important: Correct service is only one part of the possession process. If the tenant does not leave, you will generally need to obtain a court possession order and follow the lawful enforcement procedure. Do not attempt to evict the tenant yourself by changing locks or removing their belongings.

8 reasons why you should be making a Will today

Wills – Your Questions Answered

An at-a-glance guide to making a Will, and the risks you run if you haven’t made a Will.

1. If you don’t make a will, you cannot control who will inherit your money and property.

If you die without making a Will, your property will be distributed according to law (the law of ‘intestacy’), which is likely to be against your personal wishes and the people you want to inherit your possessions may not benefit. By making a Will, you can determine precisely who will inherit your property and let your loved ones know that you have considered their needs.

The law of intestacy is complex, but, broadly speaking, the bulk of your estate will go to your spouse (including a registered civil partner) or, if none, to your children (whether or not they are adults) and, if none, to other blood relatives.

The effect of the rules depends partly on whether you have children and your marital status. If you’re married with no children, your surviving spouse/civil partner will inherit everything.

But if you’re married with children, when you die without a Will less than you expect may go to your spouse. Your surviving spouse will receive £250,000, plus your personal belongings, and then half of the estate automatically. Your children will then inherit the remaining half share of the estate (or on trust until they reach the age of 18).

So it’s always prudent to have a valid will rather than rely on the intestacy rules.

Find out the laws on intestacy here.

2. If you’re not married and haven’t made a Will, your partner may receive nothing.

If you’re not married but are living with your partner and you want them to inherit your estate, it’s particularly important that you make a will. This is because the rules of intestacy make no provision for cohabitation or unmarried partners (other than registered civil partners). If you died without making a Will, your partner may not be legally entitled to anything from your estate.

Find out about the cohabitation risk you take if you’re part of an unmarried couple and haven’t made a will.

3. By making a Will you can determine who will handle your affairs after your death.

If you die without making a Will, you die ‘intestate’. This means that the management of your affairs is then placed in the hands of administrators who are appointed by the court. The administrators distribute your estate according to the rules of intestacy (see above).

4. By making a Will you can name a guardian for your children.

If you have minor children, you can name a guardian to care for them in the event of them being left without any parents. Since a guardian takes the place of a parent, making a will gives you the option of choosing someone you believe will offer the best care for your children if you’re not around.

5. It’s important to make a new Will if you get married or divorced.

Once you have made your Will, changes to your circumstances (e.g. marriage, separation, divorce, having a child or moving house) can make parts of the Will invalid or unfair and open to a successful claim under the Inheritance Act. You should, therefore, review your Will regularly to reflect any major life changes, preferably every five years.

Find out why you should make a Will if you’re getting divorced.

6. You can save Inheritance Tax.

Making a Will gives you the opportunity of saving Inheritance Tax liability. This is particularly important if you have substantial assets.

Find out more about Inheritance Tax here.

7. You must check your Will regularly.

It’s also possible to die partially intestate. This occurs if you fail to deal with all of your property in your Will or if a particular someone who was due to inherit in your Will dies before you or if you divorce and your ex-spouse’s legacy becomes invalid as a result. It’s therefore important to keep your Will up to date.

Is it time you updated your Will? You can make a Will with Lawpack today.

8. You can express your preferences for what happens after your death.

By making a will, you can express your preferences for burial or cremation and for donating organs or your entire body for medical purposes.

You can find out more about how you can protect your loved ones by making a Will here, or you can stop worrying and make a Will today here.

Write Your Will with Lawpack:

 

Other information

How to protect your children by making a Will

As a parent, you don’t want to think about anything happening to you while your children are young. But it’s important that you do consider what would happen to your children if you died. You want to make sure that your children are protected and that your wishes will be carried out. If you don’t have a Will, the intestacy rules apply. But, why leave it to chance? It’s easy to make a Will and you can guarantee peace of mind for your family. Read on for all you need to know about protecting your children after your death.

Appoint a legal guardian

In your Will you can appoint guardians who will look after your children in the unlikely event that both you and the other parent (usually your spouse or partner) die while your children are under 18. Guardians are usually appointed to look after children in the event of the parents’ death, but it’s not a requirement of them being a guardian, as their task is to make decisions about where the children live, with whom, and what school they go to, etc. Guardianship only happens if all those with parental responsibility have died. If no one is named by the parents, then the local authority will decide who will look after your children. They may appoint immediate family, but not necessarily, and this may not be what you want. Although the courts can make a guardianship order, it can be expensive and upsetting for the family.

Think carefully about who will make the best guardians for your children. The main thing is to act in your children’s best interests. Consider where the potential guardians live, their religious and ethical beliefs, their relationship with your child and whether they want to take on the responsibility of raising a child. Make sure you ask them whether they are willing to be guardians before you nominate them! How old are the potential guardians? If they are older, such as your parents, will they be able to cope with looking after your children until the age of 18. If the potential guardians have children of their own, then where will everyone live? If the guardians live outside the UK there could be issues – do you want your children to have to move countries?

Make sure you appoint more than one guardian, or at least a substitute guardian in case the first one is not willing to act.

To make a valid nomination for a guardian, the requirements are very similar to when you make a Will. The nomination must be in writing and signed in the presence of two witnesses.

Guardianship for a child ends automatically when the child reaches 18.

For further information about naming guardians, see How to name guardians for your children.

Provide for stepchildren

If you have stepchildren, be mindful of making a gift to ‘my children’ as this will not include any stepchildren. You need to explicitly state in your Will if you want your stepchildren to inherit anything. Legally adopted children will be included in any gift to ‘children’. Stepchildren will inherit nothing from you under the intestacy rules.

Rules for trusts, pensions and insurance

Life insurance policies, pension schemes or other assets held in trust won’t pass under your Will. If you do want your children to inherit these, then you need to contact each provider individually and nominate your children as beneficiaries.

What age should your children inherit?

After your death, children will automatically inherit any assets you’ve left them in your Will when they reach 18 (in Scotland, it’s 17). You might not think this is a suitable age for your child to inherit. Children can benefit before this age, but the assets will be held in a trust and managed by a trustee for the child’s benefit. A child could receive an allowance from a cash fund, but will not be able to withdraw money without the trustee’s consent.

You can change the age that your child inherits, you might think 21 or 25 is a more suitable age. Be specific in any Will you write.

Children from a previous relationship

If you’re not married or in a civil partnership with your partner and you have children from a previous relationship, you should consider how you will provide for all the members of your family. In this scenario, if you don’t have a Will, all your assets will be inherited by your children. This means that a new partner will get nothing! Think carefully about whether this is what you want to happen. The best way to avoid this is to make a Will.

If you are married or in a civil partnership with a new partner, but you have children from a previous relationship and you have no Will, on your death your spouse will inherit the first £270,000 from your estate. This may leave your children with little or no inheritance. The best way to avoid this is to make a Will.

Divorced and separated parents

If you’re divorced or separated and you have children, the surviving parent still has parental responsibility, so any guardianship that you nominate will not take effect unless everyone with parental responsibility has died.

Appoint trustees

If you have children and you die before the age your children can inherit, any assets you wish your children to inherit will be held in trust, so you will need to appoint a trustee in your Will to manage the trust. In Lawpack’s Last Will & Testament Kit the executors are the same people as the trustees. Trustees are different from any guardians you nominate and are not responsible for bringing your children up; instead, they are responsible for managing any trust for your children.

Think about who is the best person to safeguard your children’s financial interests. You can appoint your child’s surviving parent as one of the trustees with one or two further trustees, or substitute trustees in case both parents pass away. Don’t choose only one trustee. What if that person isn’t available to act? There are rules about who would be appointed, but that might not fit with your wishes.

Family and close friends often make good trustees. They can obtain advice from solicitors and accountants, so they don’t need to be professionals themselves. It does help if they’re good with paperwork and are financially aware. It’s also important that they get on with your children and any guardians that you’ve appointed. Guardians ask trustees for money for your children’s needs, and trustees will decide whether to release funds and the amount.

A letter of wishes can give your trustees and guardians an idea of your views about your children’s future welfare and upbringing. It is a private document that should be stored with the Will; however, don’t attach it to your Will in case it risks invalidating the Will. It’s not legally binding on your trustees and guardians, but it could provide them with some guidance. Lawpack’s Last Will & Testament Premium Kit includes a template letter of wishes.

When should the trust make a payout?

It’s useful to give some guidance to your trustees in a separate letter of wishes about how you would like your money to be controlled. Do you want your children to receive everything as soon as they are 18? Would you like to provide an income for them? What about setting aside assets to be used for specific purposes – education, your child’s first home?

Schedule a review

Things change. Make sure you keep your Will up to date. As a benchmark, review it every five years. Specifically consider whether the people you nominated as guardians and trustees for your children are still suitable.

Make a new Will if you marry or enter a civil partnership as your Will is automatically revoked when you marry or enter a civil partnership.

A cost-effective DIY solution: Lawpack’s Last Will & Testament Kit

For more than 30 years, Lawpack has proved you can write your own Will without it being expensive. Lawpack’s Last Will & Testament Kit gives you the confidence and the tools to follow straightforward steps to make a valid Will without the need for legal advice.

Lawpack’s Last Will & Testament Kit has been approved by a solicitor and will provide you with all the information you need to make a valid Will. There is a step-by-step solicitor-approved Guidance manual on writing a Will and a choice of three ready-to-complete forms for use in England & Wales, Northern Ireland or Scotland.

This DIY Kit is a good option for those who want to write their own Will and need a bit of extra legal guidance, but can’t afford to use a lawyer to help them write their Will.

 

 

 

 

 

 

 

How to make money from your home

Top tips on how to boost your income without incurring any extra costs

With the economy struggling and unemployment rising, finding ways to make money has never been more important to the thousands of homeowners with mortgage payments to make each month.

But there are ways for you to make money without even leaving your home.

Rent a room to a lodger

Under the government’s rent-a-room scheme, you can earn up to £7,500 (2026/27 figure) a year tax-free if you get a lodger, as long as you provide them with a furnished room. (If you share the income with a partner or co-owner, the figure is £3,750 per person.)

However, if you do not want a long-term lodger, consider a short-term homestay instead. Language schools, for example, are often looking for places for exchange students to reside.

Use Lawpack’s Lodger Agreement to get everything in writing

Rent out your drive or parking space

A Parking Space Let Agreement could be a great money-spinning tool. Renting out space on your driveway is a great way to make use of the extra space.

Rent out your garage

Research consistently shows that most people do not use their garage for housing a vehicle. Instead, homeowners use their garage as a dumping ground for junk. Clear out this rubbish, get a Garage Let Agreement and find someone who needs the space.

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