In the current economic climate, relationships between commercial landlords and their tenants are becoming ever more strained.
On the one hand, a commercial landlord will want to receive a steady income stream from their tenanted property, and will want to ensure that there is a tenant within the property to discharge the commercial rates at the very least.
On the other hand, whilst commercial landlords are often keen to ensure that the rent and rates are paid, in the current period of recession, many tenants simply cannot afford to pay full rent.
Many commercial landlords are now seeking to recover rent arrears from their tenants, or, in more serious cases, landlords are seeking to ‘forfeit’ (or end) tenancies early due to non payment of rent arrears.
If a landlord wishes to forfeit a lease, it is essential that the landlord does not inadvertently ‘waive’ their right to forfeit a lease. A landlord can waive the right to forfeit a lease by their actions, and waiver can occur as a result of something as simple as the landlord asking the tenant for rent.
At DTM Legal,
Raury Mason specialises in advising commercial landlords (and tenants) on chasing rent arrears through the Courts, and forfeiture of leases.
Raury says: “It is essential that landlords are advised of all of their options in respect of pursuing rent arrears and forfeiture. In particular, landlords need to be advised about how their behaviour can preclude forfeiture.”
Raury is available to discuss your landlord and tenant dispute on
01244 354 803.
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