Landlords should fully understand their legal obligations to avoid problems says Salisbury High Street solicitor, Jean Hendry from Whitehead Vizard.

Jean specialises in landlord & tenant law. She warns that the current economic down turn could mean that tenants, both in the residential and business sector are likely to experience problems in paying their rent. Landlords are advised to be aware of the provisions contained in the lease or tenancy agreement so that they are not caught out paying the price by failing to take the appropriate action.

“It is important for the landlord to make sure that he does not take a back seat if a tenant is falling into arrears with the rent,” says Jean. “Payment of rent is a fundamental part of any lease or tenancy agreement but there can be differing provisions as to what entitlement there is as regards remedies available to the landlord.”

Remedies available to the landlord will differ and will depend entirely on whether the arrangement with the tenant is a commercial or residential lease. Because methods of terminating the lease can sometimes be complex, particularly in the case of a commercial lease, landlords are advised to ensure they take proper legal advice.

Landlords should also be very careful to ensure that if it is their intention to terminate the lease, they are not seen by the tenant to be taking any action that is incompatible with the process of termination. A typical example is where a landlord may elect to forfeit a commercial lease but then continue to make demands for and accept any interim payment of rent.

Before taking any action a landlord is advised to be quite clear on what they wish to achieve. Terminating the lease is not always the best remedy to obtain arrears of rent from a tenant. In these difficult and straitened times, a landlord would need to balance any difficulties experienced with a tenant as regards breach of their covenants against the lack of income from empty premises. “It is all a balancing act” says Jean.

For further information about how Whitehead Vizard can help with landlord and tenant work, land and property litigation, civil litigation, and bankruptcy proceedings, please contact Jean Hendry, Whitehead Vizard Solicitors, Close Gate Chambers, 60 High Street, Salisbury, Wiltshire,

SP1 2PQ. Tel: 01722 412141 or e-mail her at: jh@whitehead-vizard.co.uk.