Relevant remedies - Tenant's breach of a covenant to pay rent
5 important questions on Relevant remedies - Tenant's breach of a covenant to pay rent
What are the limitations to what the landlord can recover from the tenant that has not paid rent (s.19 of the Limitation Act 1980)?
Explain the requirements for suing a former tenant under (s.17 of the 1995 Act)?
Explain how the landlord of commercial premises can recover the rent under (sch 12 Tribunals, Courts and Enforcement Act 2007)
- The landlord can recover arrears of rent where the rent due date exceeds 7 days.
- The landlord instructs an enforcement agent to give the tenant a 7 days notice.
- The tenant's goods are bound until arrears are cleared or the goods are sold.
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Explain how the landlord can bring the lease to an end (forfeiture)?
What are the three ways the landlord can prematurely end the lease?
- Formal demand = if rent is not paid by the end of the last day, the landlord will forfeit the lease (Duppa v Mayo)
- Peaceable re-entry (physically entering the property and re-taking possession) = only applies to commercial premises
- Court order = if peaceable re-entry cannot be obtained.
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