Q&As

Is there a period of time within which a fixed charge demanded in a Landlord and Tenant (Covenants) Act 1995 section 17 notice must be paid? If payment is not made, is the next step to issue proceedings in the County Court and if so, can these proceedings (including any pre-action protocol) be started after giving a reasonable amount of time for the former tenant to pay the charge under the notice, such as 14 days?

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Published on LexisPSL on 19/11/2019

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

  • Is there a period of time within which a fixed charge demanded in a Landlord and Tenant (Covenants) Act 1995 section 17 notice must be paid? If payment is not made, is the next step to issue proceedings in the County Court and if so, can these proceedings (including any pre-action protocol) be started after giving a reasonable amount of time for the former tenant to pay the charge under the notice, such as 14 days?

Is there a period of time within which a fixed charge demanded in a Landlord and Tenant (Covenants) Act 1995 section 17 notice must be paid? If payment is not made, is the next step to issue proceedings in the County Court and if so, can these proceedings (including any pre-action protocol) be started after giving a reasonable amount of time for the former tenant to pay the charge under the notice, such as 14 days?

The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge after assignment of a lease.

A landlord may recover ‘fixed charges’ from a former tenant or its guarantor only if:

  1. the former tenant remains liable due to privity of contract or because it has given an authorised guarantee agreement (in the case of new tenancies), and

  2. the landlord has given notice under LT(C)A 1995, s 17 within six months of the date on which the charge became due

LT(C)A 1995, s 17 relates to fixed charges which have

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