Tenants gain from arrears recovery plan

Danny Revitt, property litigation expert with Irwin Mitchell
Danny Revitt, property litigation expert with Irwin Mitchell
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Tenants are likely to gain more than landlords from Government plans to regulate the recovery of commercial rent arrears, according to a Sheffield-based property litigation lawyer.

Danny Revitt, a partner and expert in property litigation issues at Irwin Mitchell in Sheffield, said: “While the Government has talked about the importance of striking a balance between landlords and tenants, tenants are likely to gain most from the new procedure, which attempts to ensure any enforcement is in a fair and reasonable manner.

“From a landlord’s angle, the requirement for notice is the main change, which removes the element of surprise that landlords benefit from under the current rules.

“It remains to be seen whether a tenant which is not able to pay the rent within the notice period will simply remove from the premises any goods that a landlord could seize, leaving Commercial Rent Arrears Recovery as a blunt weapon in a landlord’s armoury.”