Business tenancies: Landlord remedies for non-payment of rent

By Brabners LLP

18 Dec 2020

hd.jpg

Reflecting the introduction of various legislation providing temporary relief for tenants during the Covid-19 pandemic.

Landlord’s Remedies - Forfeiture

Summary of remedy - Landlord takes back possession of the premises by court proceedings or by peaceable re-entry i.e., by instructing bailiffs to change the locks.

Is the remedy available now? – No, Suspended until 31/03/21 (nb forfeiture still available for other breaches of lease).

Landlord’s Remedies – CRAR (Commercial Rent Arrears Recovery)

Summary of remedy - Landlord instructs an enforcement agent to serve notice, enter the premises, take control of a tenant's goods and sell them to recover the value of the rent arrears (normally available if 7 days’ rent owing).

Is the remedy available now? – Yes, but only if 276 days’ rent is owing, increasing to 366 days’ rent after 25/12/20.

Landlord’s Remedies – Court Proceedings

Summary of remedy - Proceedings are issued at Court for the debt – but judgment will still need to be enforced once obtained.

Is the remedy available now? - Yes.

Landlord’s Remedies – Statutory Demand

Summary of remedy - A statutory demand is a written demand for payment of a debt and can be served for rent arrears of at least £750 (corporate tenant) or £5,000 (individual tenant) – failure to pay is used to establish insolvency for a winding-up petition to be presented.

Is the remedy available now? - Yes – for a tenant who is not a UK company. For tenants who are UK companies, there is no point as statutory demands issued 1/3/20 to 31/03/21 will be void.

Landlord’s Remedies – Winding-up petition

Summary of remedy - A winding-up petition is a court application for a corporate debtor to be put into compulsory liquidation on the grounds that it is unable to pay its debts.

Is the remedy available now? Yes but:

Not on the basis of a statutory demand; Not unless the landlord believes EITHER that coronavirus has not had a financial effect on the company OR that the company would have been unable to pay its debts irrespective of the financial effect of coronavirus.

Landlord’s Remedies – Rent deposit

Summary of remedy - A rent deposit may be taken when the lease is granted as protection against default – landlord can draw down from this if rent is unpaid.

Is the remedy available now? Yes.

Landlord’s Remedies – Recover from Guarantor

Summary of remedy - Third parties may have indemnified the tenant’s liabilities, either as guarantor under the lease, or by being a former tenant (“old lease” or AGA).

Former tenants must be served with a s.17 notice (under the Landlord and Tenant (Covenants) Act 1995) within 6 months of the debt arising.

Is the remedy available now? Yes.

Landlord’s Remedies – Recover from Subtenant

Summary of remedy - Where there is a subtenant, a landlord can serve notice under s.81 Tribunals Courts and Enforcement Act 2007 to divert the rent owed by the subtenant direct to the landlord (circumventing the tenant which is not paying rent).

Is the remedy available now? Yes, but it is considered that the number of days’ rent required to exercise CRAR (see above) apply to this remedy too.

For more information or advice on the remedies outlined above please contact:Helena DaviesPartner, Property LitigationT: 0161 836 8925M: 07557 238 915E: [email protected] 

 

Latest news

1

Landmark moment for Eden Project Morecambe Landmark moment for Eden Project

Landmark moment for Eden Project Morecambe

25 Jun 2026

2

Preston consultancy joins growing national group Senior Representatives From Enevo And Aegis

Preston consultancy joins growing national group

25 Jun 2026

3

Chamber chief to step down Miranda Barker

Chamber chief to step down

23 Jun 2026

4

Loom Loft makes Growth 100 list Loom Loft team

Loom Loft makes Growth 100 list

23 Jun 2026

5

Green light for Longton homes scheme Story Homes plans

Green light for Longton homes scheme

23 Jun 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

How can smarter employee benefits reduce costs and improve staff retention?
Screenshot 2026-05-20 100211.png.png
LBV Hub Roundtables
25 Jun 2026

How can smarter employee benefits reduce costs and improve staff retention?

Forbes Solicitors , Preston, PR5 6AW

08:30 - 10:00

NO Rackets Required - The Ultimate Padel Party
Crowdfunder.png.png
LBV Hub Social
26 Jun 2026

NO Rackets Required - The Ultimate Padel Party

Pendle Padel Club, Nelson, BB9 5SR

16:00 - 00:00

Chamber Breakfast Networking - July
LBV Hub Networking
02 Jul 2026

Chamber Breakfast Networking - July

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

How hackers target SMEs - and how to protect your business
Lancashire_gamesdesign_Feb26-2120.jpg.jpg
LBV Hub Seminars
02 Jul 2026

How hackers target SMEs - and how to protect your business

Engineering Innovation Centre, Preston, PR1 2XS

09:30 - 11:30

The AI Lab: Marketing Multiplier
Event post 03.07.png.png
LBV Hub Seminars
03 Jul 2026

The AI Lab: Marketing Multiplier

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Society1 Breakfast Social and Coworking Day
LBV Hub Networking
09 Jul 2026

Society1 Breakfast Social and Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Chamber Summer BBQ
LBV Hub Social
09 Jul 2026

Chamber Summer BBQ

The Borough , Lancaster, LA1 1PP

17:30 - 20:00

Clubhouse Business Network sponsored by Orca Finance - July 2026
padel-networkpng.png.png
LBV Hub Networking
09 Jul 2026 - 09 Jul 2026

Clubhouse Business Network sponsored by Orca Finance - July 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

July Preston Tech Connection Hot Takes
PTC Square July (900 x 900 px).png.png
LBV Hub Networking
15 Jul 2026

July Preston Tech Connection Hot Takes

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin