27 March 2020

Remember your Section 17 notices

With so much focus on rent concessions for tenants and the new forfeiture moratorium, landlords should make sure they also protect their rights to recover rents and other fixed charges from former tenants and guarantors by serving notice under section 17 of the Landlord and Tenant (Covenants) Act 1995 within 6 months of the sums falling due.

It would be easy to overlook this important step in the current climate and forgetting to serve the notice within 6 months prevents recovery action against former tenants and guarantors.

Section 17 applies to former tenants and former guarantors under “old” leases [pre-1 Jan 1996] as well as former tenants and guarantors who have liabilities under Authorised Guarantee Agreements relating to “new” leases.

Please get in touch if you would like to discuss these issues.

Ben Barrison is a Partner in our Property Litigation team.

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