Quick guide to landlord’s remedies for breach of lease
Quick guide to landlord’s remedies for breach of lease

The following Local Government guidance note provides comprehensive and up to date legal information covering:

  • Quick guide to landlord’s remedies for breach of lease
  • Claim for unpaid rent
  • Claim for damages
  • Statutory demand
  • Forfeiture
  • Former tenants and their guarantors
  • Commercial rent arrears recovery
  • Collect rent from sub-tenant
  • Withdraw from rent deposit
  • Injunction or specific performance
  • more

This Practice Note provides a summary of the remedies available to a landlord when faced with a tenant’s breach of lease, including forfeiture, service of a statutory demand, court proceedings to recover rent or damages, or for an injunction, Commercial Rent Arrears Recovery (CRAR) (including recovering rent from sub-tenants), claims against guarantors, claims against former tenants (via service of a notice under section 17 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)), withdrawal from a rent deposit, and serving an entry and repair notice.

If a tenant breaches a lease covenant, there are a number of remedies available to a landlord, listed and explained below. Before using them, landlords should consider whether:

  1. the tenant is in any form of insolvency. If so, check the list of restrictions on recovery action for each form of insolvency here. See also: Landlord steps to take if tenant becomes insolvent—checklist and Practice Note: Pre-packs—landlords’ issues and remedies

  2. the landlord may wish to forfeit. Some remedies will affirm the ongoing existence of the lease, waiving the right to forfeit, and so must be avoided. See Practice Note: Forfeiture of a lease

Claim for unpaid rent

Obtaining a judgment for unpaid rent will give the landlord access to all of the available methods for enforcement and recovery of the judgment debt, including for example