Non-paying tenant

First, check what is actually missing

Compare the contract, the current payment schedule and the amounts received. Separate rent, service charge advances and any outstanding balance from the annual statement. The payment may have gone to an old account or arrived under a different reference. If the tenant says they have paid, ask for proof of payment and check whether it has been credited.

For illustration: after the service charge advances change, the tenant keeps sending the old amount. That is a different situation from three months without a single payment. In both cases, get in touch promptly. Spell out which amount is missing and agree on the next steps and a payment deadline.

When arrears justify a notice of termination

You don’t have to wait three months to deal with an overdue debt. That threshold relates to one of the statutory examples of a particularly serious breach of obligations: failure to pay rent and services for at least three months. Even then, the tenancy does not end on its own.

Termination without a notice period under § 2291 of the Civil Code is subject to further conditions, including a prior request to remedy the breach within a reasonable time. Have any specific notice checked by a lawyer. Subletting follows different rules, so don’t apply the tenancy procedure to it.

What you can do if the tenant still doesn’t pay

A written repayment agreement can help bridge a temporary loss of income. It should clearly state the debt, the individual instalments and the other regular payments. If the agreement doesn’t work, debt recovery follows and, once the tenancy has ended, possibly a court-ordered eviction. Changing the locks or cutting off utilities to apply pressure is no substitute.