Recovery of Rent from Former Tenants and Guarantors

Post-Covid 19, it can be expected that many landlords will be looking to enforce lease liabilities against former tenants and guarantors. The ability to obtain payment of rent and other sums from parties other than the present tenant can be one of the most fundamental priorities in structuring lease transactions, but potentially presents technical problems.

The re-casting of the law brought about by the Landlord and Tenant (Covenants) Act 1995 led to a series of technical and confusing decisions - which have asked as many questions as they have answered. New decisions are still emerging. For those dealing with commercial lettings, getting the deal structure right, and knowing the pitfalls when routine management matters crop up, are crucial to the landlord’s security of income.

The webinar is aimed at solicitors engaged in commercial letting work.

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Learning objectives:

• The pre-1996 regime
• The 1995 Act – principle and pragmatism
• Retention of parent company guarantees on assignment
• s.17 notices – getting the formalities right
• Challenges to the landlord’s claim