What can I do if my tenant is in hospital and not paying rent?

In a sensitive way, if you visit the hospital and ask the nurses if they know of a relative or friend of your tenant you can talk to. Better yet whether they know of someone who has power of attorney. If you explain the situation you may be able to organise the tenancy to be ended cleanly or for the monies to be paid up to date.

I had to serve notice on a tenant who was in prison. I paid a “process server”, they knew what to do.

Bare in mind that if your tenant passes away in hospital then his estate will be liable for his debt and unpaid rent. Not sure what the situation would be regarding how to regain possession and who is liable to remove personal belongings.

If your tenant dies intestate, ie without a will and if he has noone to deal with his affairs then probate could take a very long time.

Speak to professionals now and start the process asap.

If on benefits apply for rent direct

Benefits will cease after a spell in hospital, not sure how long but as you can imagine, as with any government payment, it will not be many weeks.

If possible, speak with the tenant. I’d avoid discussing the rent account without anybody else without then
tenant’s permission.

If that fails, I’d use an eviction specialist but I’d definitely start Section 8 when arrears are two months.

Your insurance may not be valid if the property is empty.

Reply to the comment left by TheMaluka at 14/07/2025 – 11:32
It’s a year if they go to prison. Not sure if it’s the same for hospitals

First thing to do, check your tenancy. Any well written tenancy will contract out of the law of property act 1926. With a note saying service by first class post will do.

Second go and see him in person hand him S8 and s21 with a chat saying can you help work things out.

This is a business not a charity

Amazed how many people think you can walk onto ICU and just have a chat.
Unlikely the patient/Tennant is even conscious enough to understand the issue never mind address it.

However I would speak to the nurse in charge and ask for a social care referral if allowed

Contact the hospital and ask to speak to, or better still make an appointment to see, the hospital social worker(s).

May I ask why your tenant’s rent isn’t on a Standing Order? It would have saved this situation.

To now, after 5 months, to hand a s21/s8 to someone in ICU and cause additional distress which could lead to something more severe than what he has been hospitalised for, or set back his recovery, is in my opinion, thoughtless. Certainly something the local papers would have a field day with!

Yes rental properties is a business but you have as you say “skirted the issue”.

The law regarding issuing section 21 or 8 notices doesn’t change whether the tenant is on holiday, prison or hospital or any other situation. Issue the notice by post to their rental address as normal. The law is blind to the tenants’ circumstances because firstly tenants can lie about their circumstances to avoid paying and secondly they are required to arrange their postal mail to be checked regularly wherever they are. On eviction day, remove their stuff and notify them that if it isn’t collected by a certain date, they will be disposed of. In my case the tenant claimed to be stuck in a foreign country and fortunately the brother emptied the house on eviction day and I got my house back in normal time with 7 months rent unpaid, with a section 8 notice in 2024.