Rent arrears solicitors

Rent arrears are when a tenant has not paid their rent to their landlord, resulting in an outstanding debt. This is considered a serious issue that can lead to legal action or even eviction.

Commercial Rent Arrears Recovery (CRARs) is a legal process that enables commercial landlords to recover unpaid rent from their tenants. It entails instructing a third-party agent to levy payment from the tenant, and we can assist with the instruction of the agent.

You can attempt to negotiate with the landlord. Instructing a solicitor to advise you first can result in specific advice over lease construction nuances that can be used to strengthen your position.

A deposit can be used to cover rent arrears, but only in certain circumstances. For example, landlords may be allowed to use a deposit to cover the tenant's missed rent. However, the landlord must be able to demonstrate a loss and should follow the right procedures, including providing a statement of deductions to the tenant. Careful consideration of the lease is necessary first, to decide if this is appropriate.

Yes, a landlord can charge interest on rent arrears, but only if it is stated in the lease, and provided any statutory restrictions are followed.

Yes, you may need to pay your rent arrears even if you no longer occupy the property, but consideration should be given to the lease agreement and any statutory restrictions beforehand. 

Landlords can typically claim rent arrears up to six years after the rent was originally due, under the Limitation Act. There are arguments in relation to whether the rent is due as a deed of speciality, which can give rise to a longer period being argued.