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

Airframe Designs to play key role in world water speed record attempt ames Hodgkiss Jerrod Hartley And Chris Fleet Of Airframe Designs In The Longbow Workshop

Airframe Designs to play key role in world water speed record attempt

27 Nov 2025

2

Lancashire businesses react to Autumn Budget announcement Roger Philips

Lancashire businesses react to Autumn Budget announcement

26 Nov 2025

3

Reeves delivers £26bn tax rise Budget UK Parliament Budget photo

Reeves delivers £26bn tax rise Budget

26 Nov 2025

4

Seven Lancashire towns on list of target locations for new M&S Food stores M&S Food Stores

Seven Lancashire towns on list of target locations for new M&S Food stores

26 Nov 2025

5

Lancaster University to receive nation’s highest education honour Micro:bit Educational Foundation created by Lancaster University

Lancaster University to receive nation’s highest education honour

26 Nov 2025

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
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Blackburn Budget Breakfast Seminar
1.jpg.jpg
LBV Hub Seminars
28 Nov 2025 - 28 Nov 2025

Blackburn Budget Breakfast Seminar

Premier Suite, Blackburn Rovers, Ewood Park, Blackburn, BB2 4JF

07:30 - 10:30

Navigating making tax digital for Income Tax
mtd event LinkedIn.jpg.jpg
LBV Hub Seminars
03 Dec 2025 - 03 Dec 2025

Navigating making tax digital for Income Tax

Junction 4 Skatepark , Darwen, BB3 0AJ

08:00 - 10:30

The Business Network Central & East Lancashire
LBV Header (27).png.png
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:15 - 14:30

Chamber Breakfast Networking – December
Logo.jpg.jpg
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

Chamber Breakfast Networking – December

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

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