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How Landlords can recover Double Rent

Posted on Monday, 6th November 2017 by

How Landlords can recover Double Rent?

If a tenant remains in occupation of a commercial property after the expiration of the term of his/her lease, a landlord may be entitled to seek double value or double rent from the former tenant, now trespasser.

These entitlements stem from somewhat ancient statutes, namely, Section 1 of the Landlord and Tenant Act 1730 and Section 18 of the Distress of Rent Act 1737.

It is important to note that these sections only apply where the Tenant does not have security of tenure under the Landlord and Tenant Act 1954.

Section 18 of the Distress of Rent Act 1737 provides that if a Tenant serves formal notice to quit in writing, or has exercised a break option but wilfully remains in occupation of the premises following the expiry of the notice, the Landlord is entitled to recover double rent. This is payable from the date the notice was served, until the tenant vacates.

Alternatively, Section 1 of the Landlord and Tenant Act 1737 applies where a landlord has formally served a notice demanding possession and the tenant fails to vacate, subsequently remaining in occupation as a trespasser. The landlord is entitled to claim what is known as “Double Value”, that is double the yearly value of the premises, from the date the demand notice was served. This is only applicable where the former tenant holds over deliberately and the expired tenancy was granted for a term of years. The value will be determined by considering what an occupier would have been willing to pay and a landlord would have been willing to accept, for the period of holding over.

If you would like to discuss the content of this blog or have any related queries, please do not hesitate to contact our Advisory Dispute Resolution department on 0330 024 9643 or contact Neusha Mazaher direct by email addressed to neusha.mazaher@ehlcommercial.co.uk.

The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact a member of the team who will be happy and able to advise you on your own particular circumstances.

 

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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