Preventing, Controlling and Recovering Rent Arrears

Payment of Rent Into Bank

This article looks at case law relating to payments of rent paid into a bank and when it is deemed delivered.

Payment of Rent Before the Due Date

This article looks at cases where the rent has been paid before the rent due date.

Payment of Rent by a Stranger

This article is a brief look at cases relating to rent paid by someone not connected to the tenancy and whether the landlord is obliged to accept such a payment.

Common Law Distress For Rent Abolished

From 6 April 2014 the common law right to distress for rent has been abolished

Deeds Guarantors Witness Signatures Notice to Quit Possession and Double Rent

Thompson v Thorpe and Taylor-Thorpe Leeds County Court 13 December 2012 2QT33017 a case about granting an assured shorthold tenancy, witnessing a deed of guarantee, double rent, mesne profits, possession, and tenants notice to quit given by one to a landlord.

The Law of Appropriation

Appropriation can be an important legal principle for landlords as it reflects the apportionment of money where more than one debt is owed. In particular, it matters if there are rent arrears of a relatively long period, and between arrears, a renewal tenancy has been granted.

Small Claims Proceedings Guidance

This page contains guidance for making a small claim in court and includes the pre-action letter of claim. The Pre-Action Protocol for Debt Claims commences on 1 October 2017 for England and Wales. The Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). It, therefore, applies to all landlords recovering a debt from a tenant and guarantor (where the tenant/guarantor is an individual). The Protocol will also apply to letting agents seeking to recover a debt owed to them directly from an individual. The Protocol aims to encourage early engagement and communication between the parties and enable the parties to resolve the matter without the need to start court proceedings.

When Rent Is Due and in Arrears

This article looks at cases when rent is lawfully due and in arrears. Individual days can be crucial, especially when dealing with possession based upon rent arrears.

Payment of Rent Into Bank

This article looks at case law relating to payments of rent paid into a bank and when it is deemed delivered.

Payment of Rent Before the Due Date

This article looks at cases where the rent has been paid before the rent due date.

Payment of Rent by a Stranger

This article is a brief look at cases relating to rent paid by someone not connected to the tenancy and whether the landlord is obliged to accept such a payment.

Common Law Distress For Rent Abolished

From 6 April 2014 the common law right to distress for rent has been abolished

Deeds Guarantors Witness Signatures Notice to Quit Possession and Double Rent

Thompson v Thorpe and Taylor-Thorpe Leeds County Court 13 December 2012 2QT33017 a case about granting an assured shorthold tenancy, witnessing a deed of guarantee, double rent, mesne profits, possession, and tenants notice to quit given by one to a landlord.

The Law of Appropriation

Appropriation can be an important legal principle for landlords as it reflects the apportionment of money where more than one debt is owed. In particular, it matters if there are rent arrears of a relatively long period, and between arrears, a renewal tenancy has been granted.

Small Claims Proceedings Guidance

This page contains guidance for making a small claim in court and includes the pre-action letter of claim. The Pre-Action Protocol for Debt Claims commences on 1 October 2017 for England and Wales. The Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). It, therefore, applies to all landlords recovering a debt from a tenant and guarantor (where the tenant/guarantor is an individual). The Protocol will also apply to letting agents seeking to recover a debt owed to them directly from an individual. The Protocol aims to encourage early engagement and communication between the parties and enable the parties to resolve the matter without the need to start court proceedings.

Preventing, Controlling and Recovering Rent Arrears

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