Choice of remedy Flashcards
What are the available remedies for non-payment of rent?
- Debt action
- CRAR
- Forfeiture
What are the advantages of debt action?
- Relatively simple
- Can preserve the LL/T relationship
- Can recover any sum owed under the lease
What are the disadvantages of debt action?
It is a court action - therefore costly and time consuming
What are the advantages of CRAR?
Quick and efficient - no need to involve the court
What are the disadvantages of CRAR?
- Must observe correct procedure
- Can only recover principal rent
What are the advantages of forfeiture?
- Quick and efficient
- Threat of forfeiture might be enough
What are the disadvantage sof forfeiture?
Risk that T will not comply and LL will therefore lose a T
What are the available remedies for repairing breaches?
- Damages
- Forfeiture
- Self help (Jervis v Harris)
- Specific performance
What are the disadvantages of damages in relation to repairing breaches?
- T may be able to serve a counter notice
- Damages will be limited to reduction in value of LL’s reversion
What are the advantages of self help clauses?
- Quick and efficient
- LL recovers full cost of repairs
What are the disadvantages of a JvH clause?
- Must be provided by the lease
- LL must take care not to exceed powers
What are the disadvantages of specific performance?
- Rarely granted unless exceptional circumstances
- Last resort, discretionary remedy
- Can’t use it for continuing obligations
What remedies are available for all other breaches?
- Damages
- Forfeiture
- Specific performance
- Injunction (discretionary, rare)
When may forfeiture be inappropriate?
For a minor breach
What are the remedies involving security arrangements?
- Guarantor (could become overriding lease and become tenant - bad?)
- Former tenant
- Rent deposit deed - quick and efficient BUT limited to a certain number of months’ rent, relies on T topping it up
