Q&As

A landlord has served a previous tenant with a terminal dilapidation schedule in relation to a commercial property. The landlord has also claimed six months free rent and four and a half years reduced rent. Simultaneously, the landlord has agreed to sell the property to the current tenant. Can the landlord claim loss of rent/reduced rent when he intends to sell the property?

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Published on LexisPSL on 29/07/2016

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A landlord has served a previous tenant with a terminal dilapidation schedule in relation to a commercial property. The landlord has also claimed six months free rent and four and a half years reduced rent. Simultaneously, the landlord has agreed to sell the property to the current tenant. Can the landlord claim loss of rent/reduced rent when he intends to sell the property?
  • Recovering rent arrears
  • Limitation period and dilapidations

Recovering rent arrears

On the basis that rent was properly due and payable, Practice Note: Recovering rent arrears explains that the landlord may be able to look to former tenants (or their guarantors) for payment of rent or service charge arrears. See Scottish & Newcastle v Raguz.

For leases dated before 1 January 1996, a landlord can recover from:

  1. the existing tenant

  2. the original tenant

  3. a former tenant who has given a direct covenant to be liable for the remainder of the term, and

  4. any guarantors of the above

For leases dated 1 January 1996 and after, a landlord can recover from:

  1. an existing tenant

  2. an assignor (and guarantor) pursuant to an authorised guaranteed agreement (AGA) of the exis

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