Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

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Produced in partnership with Alexander Campbell of Cornerstone Barristers
Published on: 26 July 2018
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This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), is entitled to bring court proceedings on the basis of that notice.

Section 17 notices

LT(C)A 1995, s 17 makes provision for a landlord to recover sums from a former tenant in certain circumstances:

  1. •

    where the former tenant has assigned their tenancy but has agreed to act as guarantor for the performance by their assignee (ie the new tenant) of a tenant covenant for the payment of a fixed charge (such as rent): LT(C)A 1995, s 17(1)(a)

  2. •

    where, under the terms of the tenancy agreement, the former tenant remains bound by a covenant for the payment of a fixed charge (such as rent) even

Alexander Campbell
Alexander Campbell chambers

Barrister, Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.

Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.

Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.

Alex writes regularly in legal publications in his areas of practice online, in journals and books.

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