Quick guide to landlord’s remedies for breach of lease

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Quick guide to landlord’s remedies for breach of lease
  • Claim for unpaid rent
  • Pre-action protocols
  • Starting the claim
  • Claim for damages
  • Statutory demand
  • Forfeiture
  • Forfeiture of commercial lease — rent arrears
  • Forfeiture of commercial lease — breaches other than rent arrears
  • Forfeiture of residential lease — rent, service charge and administration charge arrears
  • More...

Quick guide to landlord’s remedies for breach of lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property.

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

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