Relief for Landlords Over Notices

Landlords will breathe a sigh of relief following the recent reversal of the much-reported Scottish and Newcastle v Raguz case. It dealt with the requirement
for landlords to serve notices on former tenants on each outstanding payment date during the rent review process in order to have the right to collect arrears of rent from the tenant.

In the view of the House of Lords, the backdated rent payable becomes due on the date of determination of the rent under the review, not the usual date of payment of rent.

The decision both reduces the administrative burden on landlords and removes the risk that they may suffer loss through a relatively trivial administrative oversight.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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