landlord remedies

• What does the element of landlord's remedies consider?

  Landlord's remedies for tenant's lease breach
• What influences a landlord's choice of remedies?

  Various factors and strategic considerations
• Who typically handles landlord and tenant disputes in larger firms?

  A specialist team of lawyers
• What is the measure of damages for a landlord?

  To restore the landlord's position pre-breach
• What are the drawbacks of court proceedings for landlords?

  They can be costly and protracted
• What can a landlord claim in court for a tenant's breach?

  Damages for the breach of covenant
• What can a landlord do to recover unpaid rent?

  Issue court proceedings for debt
• What is the time limit for recovering rent through an action for debt?

  Six years before issuing proceedings
• Why might the time taken to pursue a debt be beneficial?

  It gives the tenant breathing space
• What can a landlord do if the current tenant is an assignee?

  Pursue the former tenant for debts
• What might a landlord obtain from a tenant to mitigate risks?

  A guarantor or rent deposit
• What does a guarantee typically cover?

  All tenant's obligations under the lease
• How long is a rent deposit usually limited to?

  Six months' rent
• What happens if a tenant withdraws from a rent deposit?

  They must top up the deposit
• What is CRAR?

  A self-help remedy for rent recovery
• What are the requirements for using CRAR?

  Specific conditions must be met
• What type of premises can CRAR be used for?

  Purely commercial premises
• What is the minimum rent owed for CRAR to apply?

  Seven days' principal rent
• What must a landlord do before entering a tenant's premises under CRAR?

  Give seven clear days' notice
• What details must be included in the CRAR notice?

  Debt amount, repayment details, and agent contact
• What can happen if the CRAR notice expires without repayment?

  The enforcement agent can seize goods
• What must the landlord do if they intend to sell seized goods?

  Serve a further seven clear days' notice
• What are equitable remedies?

  Injunctions and specific performance
• What is specific performance?

  An order for the tenant to fulfill obligations
• When is specific performance rarely available?

  For breaches of repair obligations
• What is an injunction?

  An order for the tenant not to act
• When might a landlord obtain an injunction?

  If the tenant intends unlawful assignment
• What are the key remedies available to landlords for tenant breaches?

  • Court proceedings for debt or damages
  • Pursue former tenants under old leases
  • Use of rent deposits for arrears
  • Pursue guarantees for tenant obligations
  • Commercial rent arrears recovery (CRAR)
  • Equitable remedies: specific performance and injunctions
• What is the primary purpose of landlord's remedies?

  To address tenant breaches of lease