Rights of a Landlord

Question:

Landlords have various rights. What are those rights and how do they apply where a company is in Receivership or Liquidation?

Legislation:

The legislation which applies is:

  • The Distress and Replevin Act 1908
    Note: This Act has only 24 Sections and is reasonably easy to follow.
  • The Law of Contract. In cases where there is a landlord in tenant the contract takes the form of a lease. All contracts to do with land or an interest in land must be in writing so the lease is always written.

Answer:

The lease provides the remedies available to a landlord where rent or other outgoings has not been paid. The lease will also provide if notice has to be given before any action is taken.

Re-entry by Landlord

The landlord or lessor as he is called, will be given in the lease a right to re-enter an occupied building under certain circumstances which will invariably include the non-payment of rent. The re-entry of a building by a landlord terminates the lease but does not terminate the liability to pay rent.

Rights of Debentureholder:

The debentureholders charge over the chattels ranks higher than that of the landlord. The landlord is not able to distrain against goods which are subject to a debenture or any other charge.

JOHN VAGUE - FCA