Payment of rent is the foundation of the landlord and tenant relationship. But how well is the nature of rent understood? Anyone can send out a rent demand, anyone can make a rent payment, but not everyone is aware of the potential to lose valuable rights and remedies, or even to incur penalties, if actions are taken without the relevant knowledge. In this course, we consider rent collection and payment from the position of both landlord and tenant, dealing with the wider consequences for other lease rights and obligations, the management of the landlord and tenant relationship, and prevention of problems before they occur.
• Assessing different types of tenant and landlord
• When rent is due
• When to pay
• Risks of late payment
• The rules of appropriation
• Waiver of the right to forfeit
• CRAR and other remedies
• Implications of payment by third parties
• Payment and acceptance in holding-over situations
The course focuses on commercial property, while also considering specific issues in relation to mixed-use properties with a residential element. It is aimed at all property litigators and commercial property lawyers.