What to Do When a Tenant Stops Paying (UK/FR/AU/NZ/CA/US)

Rent default is the most common landlord-tenant dispute globally, and every jurisdiction we cover has a defined procedural pathway. The mistakes are universal: self-help eviction, wrong notice, late filing, accepting partial payment without preserving rights. The remedies differ — some jurisdictions allow eviction in 30 days, others take 6 months. This troubleshoot guide walks the workflow for UK, France, Australia, New Zealand, Canada, and US (focusing on Florida and NYC as illustrative).

Common principles across jurisdictions

Before jurisdiction-specific procedures:

1. Self-help eviction is universally illegal. Changing locks, removing belongings, shutting off utilities — all jurisdictions criminalise or impose civil penalties for these.
2. Written notice with proof of service is required everywhere.
3. Court / tribunal order is required to physically remove a tenant.
4. Documentation matters. Rent ledgers, bank statements, written communications with tenant.
5. Mitigation duty. Most jurisdictions require landlords to actively try to recover rent and/or re-let promptly to mitigate losses.

United Kingdom

Post-RRA 2025 (England):

For non-payment of rent, the landlord serves a Section 8 notice under Housing Act 1988 citing Ground 8 (rent arrears of at least 3 months) and/or Ground 10 (some arrears) and/or Ground 11 (persistent late payment).

Step 1 — Serve Section 8 notice. Form 3 served on the tenant. For Ground 8 (mandatory), 3 months’ arrears at notice and at hearing — minimum 14 days’ notice before court application.

Step 2 — File possession claim in County Court if tenant doesn’t pay/leave.

Step 3 — Court hearing. Mandatory ground 8 leads to possession order if proven.

Step 4 — Bailiff enforcement if tenant doesn’t vacate by the date in the order.

Timeline: 6-12 weeks typical from notice to bailiff execution.

Section 21 abolition: Post-RRA 2025, Section 21 “no-fault” eviction is abolished. Landlords must use Section 8 grounds for all evictions.

Source: Housing Act 1988 (post-RRA 2025); Form 3.

France

Step 1 — Commandement de payer. Mandatory “command to pay” served by huissier de justice (judicial officer). Tenant has 2 months to pay or face eviction proceedings.

Step 2 — Application to the Tribunal Judiciaire for resiliation of the lease and possession.

Step 3 — Court hearing. The court can order:

• Resiliation of the lease.
• Order to vacate.
• Money judgment for arrears + court costs.

Step 4 — Eviction by huissier, with trêve hivernale (winter truce) preventing eviction between November 1 and March 31 (extended to April 30 in cold years).

Step 5 — Force publique if tenant doesn’t vacate. Sometimes refused by préfecture, requiring landlord compensation under “responsabilité de l’État.”

Timeline: 6-18 months typical. France is one of the slower jurisdictions due to multi-stage procedure and winter truce.

Source: Code de la Construction et de l’Habitation; Loi du 6 juillet 1989.

Australia

NSW (representative).

Step 1 — 14-day Termination Notice for non-payment served on the tenant. Form must comply with NSW Fair Trading template.

Step 2 — NCAT (NSW Civil and Administrative Tribunal) application if tenant doesn’t pay/leave. Filing fee approximately AU$58.

Step 3 — NCAT hearing (typically 4-6 weeks). NCAT can order possession plus money for arrears.

Step 4 — Sheriff enforcement if tenant doesn’t vacate.

Timeline: 6-12 weeks typical.

Other Australian states (VIC, QLD, WA, SA, TAS, ACT, NT) follow similar 14-day notice + tribunal pathway with state-specific bodies.

Source: Residential Tenancies Act 2010 (NSW); state-specific Acts.

New Zealand

Step 1 — 14-day Notice for Rent Arrears under RTA s.55B (revised post-2020). Tenant has 14 days to pay or vacate.

Step 2 — Tenancy Tribunal application if tenant doesn’t pay. Online via Tenancy Services. Filing fee NZ$20.44.

Step 3 — Mediation first (typical 70%+ settle here).

Step 4 — Tribunal hearing if mediation fails. Decision usually within 15 working days.

Step 5 — Court enforcement of Tribunal order if needed (rare for genuine non-payment).

Timeline: 4-8 weeks typical.

Source: Residential Tenancies Act 1986 (post-2020 reforms).

Canada

Ontario

Step 1 — Form N4 (Notice to Terminate for Non-Payment of Rent). 14-day notice for monthly tenancies. Tenant can void notice by paying within the period.

Step 2 — LTB (Landlord and Tenant Board) application Form L1.

Step 3 — LTB hearing, typically 6-8 weeks.

Step 4 — Sheriff enforcement of eviction order.

Timeline: 8-16 weeks typical (longer pre-pandemic backlogs persist).

British Columbia

Step 1 — 10-day Notice to End Tenancy under RTA s.46 for non-payment.

Step 2 — RTB application for possession order.

Step 3 — RTB hearing, typically 4-6 weeks.

Step 4 — Order enforced via Supreme Court for Writ of Possession; sheriff executes.

Timeline: 6-12 weeks typical.

Alberta

Step 1 — 14-day Notice under RTA s.29 for non-payment.

Step 2 — RTDRS (Residential Tenancy Dispute Resolution Service) or Provincial Court application.

Step 3 — RTDRS hearing, typically 4-6 weeks.

Step 4 — Sheriff enforcement.

Timeline: 4-8 weeks typical.

Source: Provincial RTAs; LTB / RTB / RTDRS guidelines.

United States

Florida

Step 1 — 3-day Notice under Fla. Stat. § 83.56(3). Excluding Saturdays, Sundays, holidays.

Step 2 — File eviction in County Court (Summary Procedure under § 51.011). Filing fee approximately $185.

Step 3 — Tenant has 5 days to answer with rent deposit into court registry under § 83.232. Failure = default.

Step 4 — Hearing within 14-21 days if answered.

Step 5 — Writ of Possession. Sheriff serves; tenant has 24 hours.

Timeline: 3-5 weeks typical (one of the fastest in US).

Source: Fla. Stat. § 83.56-83.232.

NYC

Step 1 — 14-day Notice (Demand for Rent) under RPAPL § 711(2). Some leases require 30 days.

Step 2 — Petition filed in Housing Court (NYC Civil Court Housing Part).

Step 3 — Mediation/conference (mandatory in many parts of NY).

Step 4 — Hearing if not settled.

Step 5 — Warrant of Eviction. NYC Marshal executes after 14-day grace period.

Timeline: 6-12 months typical, often longer due to court backlogs and tenant defenses (especially warranty of habitability counterclaims).

NYC has additional protections: Right to Counsel for income-eligible tenants; HSTPA 2019 strengthened tenant defenses.

Source: RPAPL § 711-756; NYC Housing Court guides.

Comparative timeline

Practical workflow regardless of jurisdiction

1. Document the default — date rent was due, payment history, bank records.
2. Communicate with the tenant in writing — sometimes there’s a fixable cause (job loss, medical emergency).
3. Consider a payment plan — often cheaper than eviction.
4. If no resolution, serve the formal notice — using the prescribed jurisdiction-specific form.
5. Keep proof of service — tenant signature, posted photo, certified mail.
6. Don’t accept partial payment without reservation — written “without waiver” language.
7. File court/tribunal application if notice expires without resolution.
8. Attend mediation/hearing with full documentation.
9. Comply with the order timeline — bailiff/sheriff coordination, lock change after legal vacation.
10. Pursue money judgment for unpaid rent and damages.

Tenant defenses (general)

Across jurisdictions, common tenant defenses to non-payment claims:

• Payment was made — documentary evidence required.
• Rent was reduced under warranty of habitability or services breach.
• Notice was procedurally defective — wrong amount, wrong dates, wrong service.
• Retaliatory eviction — landlord retaliating against tenant complaints.
• Discrimination — based on race, sex, religion, family status, etc.
• Counterclaim for damages — landlord-caused issues offsetting rent.

Dialogue: a global landlord deals with default

🐮 Cow: “Tenant in London is 6 weeks behind. NYC tenant 4 weeks. Sydney tenant 3 weeks.”

🐣 Chick: “Different procedures.”

🦉 Owl: “London — Section 8 with Ground 8 once 3 months arrears. Ground 11 (persistent late) at 6 weeks.”

🐮 Cow: “NYC — 14-day Demand for Rent. Then Housing Court petition.”

🐣 Chick: “Sydney?”

🦉 Owl: “14-day Termination Notice today. NCAT in 4-6 weeks if not paid.”

🐮 Cow: “And document everything. Rent ledger, communications, payment failure dates.”

🦉 Owl: “And don’t accept partial payment without ‘without waiver’ written. Reset of arrears can void the entire process.”

Common mistakes (multi-jurisdiction)

Self-help eviction. Universally illegal. Changing locks, shutting off utilities, removing belongings — all trigger civil penalties and damages claims regardless of jurisdiction.

Wrong notice form. Each jurisdiction has prescribed forms. UK Form 3, Florida 3-day notice, NSW 14-day Termination Notice, etc.

Wrong calculation. Including non-rent charges (utilities, late fees, pet rent) in the rent amount voids many notices.

Skipping the formal notice step. Direct court application without proper notice fails everywhere.

Inadequate proof of service. Without clear proof, the procedural step is challenged. Use registered mail, witness service, or process server.

Accepting payment after filing without reservation. May waive the eviction. Use written “without waiver of rights” language.

Forgetting winter truce in France. No eviction November 1 - March 31 (extended to April 30 in cold years). Plan around this.

Ignoring tenant defenses. Warranty of habitability, retaliatory eviction, and discrimination claims can derail an eviction. Pre-clear these issues if possible.

Closing notes

Tenant non-payment is a structured legal process in every jurisdiction we cover, but the timelines vary enormously — from 3-5 weeks in Florida to 6-18 months in France. Successful landlords:

• Serve the right notice with the right content and proof of service.
• File promptly when notices expire.
• Document everything.
• Don’t engage in self-help.
• Pursue money judgments for arrears.
• Plan for tenant defenses and accommodations.

For multi-country landlords, the practical lesson is: don’t generalise. Each jurisdiction has procedural quirks. Use locally-prescribed forms. Engage local counsel for contested cases.

A Gyoseishoshi (行政書士) prepares bilingual notice templates and procedural checklists. Locally-qualified counsel should be engaged for contested evictions, especially those involving tenant defenses or large arrears.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not locally-qualified counsel. For binding eviction proceedings, consult locally-qualified counsel in each jurisdiction.

Sources

• UK Housing Act 1988 (Section 8) — https://www.legislation.gov.uk/ukpga/1988/50/section/8
• France Code de la Construction — https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006074096/
• Australia NSW Fair Trading — https://www.fairtrading.nsw.gov.au/housing-and-property/renting
• New Zealand Tenancy Services — https://www.tenancy.govt.nz/disputes/tenancy-tribunal/
• Canada Ontario LTB — https://tribunalsontario.ca/ltb/
• US Florida Stat. § 83.56 — https://www.flsenate.gov/Laws/Statutes/2024/83.56