This work covers recovering rent, service charges, or other lease arrears by pursuing guarantees provided by guarantors and by seeking claims against former tenants for liabilities under a commercial lease. A solicitor drafts and issues claims, serves the required documentation on guarantors and former tenants or their representatives, negotiates with tenants’ representatives, and handles the progression of court procedures in the County Court or High Court as appropriate. They may also enforce judgments, pursue interest and costs, and advise on the interplay with security created by the lease, such as guarantees and rent deposits. This work matters because it protects the landlord’s position when a tenant has left and obligations remain unpaid, potentially affecting cash flow and future lettings.
What a solicitor handles in these matters
The solicitor handles the enforcement of guarantees, assesses the extent of liability, and navigates claims against former tenants for unpaid rents or damages. They deal with contract interpretation, lease terms, notices, the proper service of process, and the use of remedies such as warrants of control or enforcement of judgments, all within the framework of civil procedure rules and relevant landlord and tenant legislation.
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