Q&As

In circumstances where the landlord and tenant are limited companies, but there is also a guarantor who is an individual, will the Pre-Action Protocol for Debt Claims apply?

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Published on LexisPSL on 06/03/2018

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

  • In circumstances where the landlord and tenant are limited companies, but there is also a guarantor who is an individual, will the Pre-Action Protocol for Debt Claims apply?
  • Recovering rent arrears
  • Starting a debt claim
  • Compliance with the Pre-Action Protocol for Debt Claims

Recovering rent arrears

Before taking any action to recover rent arrears, landlords must consider:

  1. whether they are able to, and if so whether to forfeit the lease for non-payment

  2. whether the tenant is in any form of insolvency and, if so, what implications this has for the methods of recovery available

  3. whether there are any limitation period issues. No action may be taken to recover rent arrears after the expiry of six years from the date on which the arrears became due

For more details on methods other than court proceedings used to recover rent arrears such as statutory demands and Commercial Rent Ar

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