Property Law 10 - remedies Flashcards
What are the methods by which a landlord can remedy a breach by a tenant?
- Damages
- Action in debt
- Guarantor and rent deposit
- Commercial rent arrears recovery (CRAR)
- Equitable remedies
- Forfeiture
What are the equitable remedies by which a landlord can remedy a breach by a tenant?
Specific performance - order to do something
Injunction - order to stop doing something
What would damages achieve for the landlord?
Put the landlord back into the position they would have been were it not for the breach of covenant.
What would an Action in Debt achieve for the landlord?
Issue court proceedings to recover a debt. An action for debt is limited to rent due in the six years before the issue of proceedings. Any earlier outstanding rent is irrecoverable.
What would a Guarantor and rent deposit achieve for the landlord?
The landlord can rely on the contractual terms of a guarantee to claim its losses from the guarantor.
The landlord can draw on a rent deposit (usually limited, say to six months’ rent) if there are any arrears.
The tenant will be required to top up the deposit after a withdrawal.
Does a Guarantor and rent deposit Only apply to rent?
No - A guarantee will typically cover all the tenant’s obligations, so that the landlord is not limited to pursuing unpaid rent, but also any breach of the tenant’s covenants.
