Landlords Remedies Flashcards
(17 cards)
What are the different remedies for breach of lease available to landlord?
1) Damages (Contractual claim)
2) Action in debt
3) Guarantor & Rent deposit
4) Commercial rent arrears recovery (CRAR)
5) Equitable Remedies (Discretionary)
What are tenant’s covenants seen as in Dispute Resolution?
Contractual obligations
What is the measure of loss if suing for damages in Court?
Loss suffered by landlord due to tenant’s breach
What is the negative of court proceedings for damages?
1) Costly
2) Time consuming
3) Recovery of legal costs not guaranteed
What is an action in debt?
Used for recovery of fixed sums
What is the time limit for action in debt?
6 years from date debt became due
Who can landlord issue an action in debt against?
- Former tenant
- AGA
What happens if a landlord draws down from rent deposit?
Tenant required to top up the deposit
What is a commercial rent arrears recovery (CRAR)?
Allows landlord to recover unpaid rent by instruction enforcement agent to seize and sell tenant’s good located on premises
What type of remedy is a commercial rent arrears recovery?
Self-help remedy, no need for court
What are the requirements for CRAR?
1) At least 7 days rent owed
2) Lease must not be forfeited
What must a landlord do in CRAR?
1) Appoint certified enforcement agent
2) Serve 7 clear days’ notice before entering premises
3) Serve another 7 clear days’ notice before selling the seized goods
What must CRAR notice contain?
- Debt details
- Repayment options
- Enforcement power details
- Agent contact
What are the two types of equitable remedies?
1) Specific performance
2) Injunction
What is specific performance?
Requiring tenant to do something
Is specific performance available for repair covenants?
Generally, not
What is an injunction?
Requires tenant to refrain from doing something
