Q&As

Where a residential tenant has been paying a lower rent than is provided for in its lease for eight years, can the landlord now recover the shortfall rent for the last eight years or is it barred from doing so and if so when did it become statute barred? Is the position any different for a commercial tenant?

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Published on LexisPSL on 13/03/2017

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

  • Where a residential tenant has been paying a lower rent than is provided for in its lease for eight years, can the landlord now recover the shortfall rent for the last eight years or is it barred from doing so and if so when did it become statute barred? Is the position any different for a commercial tenant?

Where a residential tenant has been paying a lower rent than is provided for in its lease for eight years, can the landlord now recover the shortfall rent for the last eight years or is it barred from doing so and if so when did it become statute barred? Is the position any different for a commercial tenant?

It is assumed that no estoppel has arisen by virtue of the landlord making some form of representation to the effect that the lesser sum only is payable.

The general rule is that payment of a lesser sum is not satisfaction of a greater debt. A promissory estoppel might arise as a result of the landlord’s representation, but as a rule it merely suspends the obligation so that it can be reinstated on giving reasonable notice—see Hughes v Metropolitan Railway. In an exceptional case, if a tenant can show detrimental reliance upon a representation by undertaking some additional indebtedness or duty, the original

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