Property Litigation and Dispute Resolution

Recovering Arrears Owed By Tenants - A Guide

 
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RECOVERING ARREARS OWNED BY TENANTS - A GUIDE

Step 1 - Preliminary considerations
Before taking any action to recover arrears, landlords should consider the following issues:

Would there be any advantage in forfeiting the lease? >>more>>
Is the debtor in any form of insolvency and, if so, what implications does this have for the methods of recovery available?

(If so, see our Guide to Tenant Insolvency) >>more>>

Is it worth trying to do a deal with the tenant, e.g. a surrender or variation of the lease, payment by instalments, or a forbearance agreement?  

Step 2 - Consider the methods of recovery available

Pursuing subtenants >>more>>
Pursuing former tenants and guarantors >>more>>
Levying distress (leases of commercial premises only) >>more>>
Serving a statutory demand >>more>>
Using the rent deposit >>more>>
Issuing proceedings >>more>>

Please click on the above links for further information.

Step 3 - Select the appropriate method of recovery
A landlord should consider the circumstances of its case and its overall objectives - see attached briefing note on ideas for tactical thinking in the case of arrears owed under commercial leases. >>more>>

For further information or advice please contact propertylitigation@charlesrussell.co.uk

These notes represent only an outline summary of relevant principles and detailed advice should always be sought in particular cases.