Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 26/07/2018

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?
  • Section 17 notices
  • Procedure

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), is entitled to bring court proceedings on the basis of that notice.

Section 17 notices

LT(C)A 1995, s 17 makes provision for a landlord to recover sums from a former tenant in certain circumstances:

  1. where the former tenant has assigned their tenancy but has agreed to act as guarantor for the performance by their assignee (ie the new tenant) of a tenant covenant for the payment of a fixed charge (such as rent): LT(C)A 1995, s 17(1)(a)

  2. where, under the terms of the tenancy agreement, the former tenant remains bound by a covenant for the payment of a fixed charge (such as rent) even though they are no longer the tenant: LT(C)A 1995, s 17(1)(b)

LT(C)A 1995, s 17 also makes provision for a landlord to recover sums owing by a person who has agreed to act as guarantor for the former tenant in the event that the former tenant becomes liable in the above

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