This information is for private landlords. Private tenants can find information and advice here.
You may have found out that your tenant is in prison. You may not be able to contact your tenant.
Sometimes landlords with tenants in prison have concerns about:
- receiving rent payments
- continuing the tenancy
- the tenant’s belongings
Getting in touch with your tenant
It may be possible to get in touch with the tenant through:
- their friends or family
- another tenant
- a guarantor for the tenancy
It may also be possible to contact your tenant through our advisers who work in the prisons. Contact Landlord Advice for more information.
If our advisers can contact the tenant:
- there are strict confidentiality rules
- they need the tenant’s permission to pass information on
- we will not be able to confirm or deny that the tenant is in prison unless they give us permission to do so
Receiving rent
Continuing to receive rent from your tenant can become problematic. It may be possible for:
- the tenant to arrange for their rent to be paid while they are in prison, or
- a family member or another tenant to cover the rent
The tenant may be eligible to continue receiving help with their housing costs.
The tenant can continue to receive Housing Benefit if:
- they got Housing Benefit before they went into custody and
- they have been sentenced and will spend 13 weeks or less in custody, or
- they are on remand and will spend 52 weeks or less in custody
The tenant can continue receiving Universal Credit if:
- they received Universal Credit before they went into custody and
- they will be in custody for six months or less
Ending the tenancy
If you wish to end the tenancy, you must still follow the same legal process as if the tenant was not in prison. This includes:
- serving the tenant with a valid Notice to Quit
- applying for a court order
- asking the courts to enforce that order
It is illegal to force a tenant to leave a rented property without following these steps. The council can prosecute you and the tenant can sue you for damages.
You may wish to speak to a solicitor for assistance with this.