Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Tenant definition

What does Tenant mean? The person who takes a lease of land or premises and holds exclusive possession for a defined term, usually paying rent, under a lease or tenancy agreement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, and contrasts with a licensee (who lacks exclusive possession). Whether someone is a tenant is determined primarily by the grant of exclusive possession for a term, as recognised in case law (for England & Wales, Street v Mountford). Statutes define tenant for particular regimes, including: Housing Act 1988 (assured/AST) and Landlord and Tenant Act 1954 (England & Wales); Private Housing (Tenancies)...

Recovering arrears from former tenants and guarantors: section 17 notices, fixed charges, lease variations and overriding leases under the Landlord and Tenant (Covenants) Act 1995 (England and Wales)

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Practice notes

The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)

Governs the ongoing liability of former tenants and their guarantors for rent and service charge after a Lease has been assigned.

This Practice Note addresses:

when arrears may be pursued from a former tenant or their guarantor
the notice steps a landlord must follow to recover arrears from a former tenant or their guarantor (a ‘s 17 notice’)
the entitlement to, and terms of, an overriding lease, together with the application process
key considerations for landlords before issuing a s 17 notice

Landlords must serve notice promptly for any ‘fixed charge’ that has fallen due, or they forfeit the right to recover it. After payment, former tenants and their guarantors may request an overriding lease. LT(C)A 1995, s 17 was introduced to tackle a significant issue faced by former tenants and guarantors during the early 1990s recession. Under the previous privity of contract regime, the original tenant and any former tenant who had given a direct covenant to the landlord, and their guarantors, remained liable for rent and service charge and could be called upon to...

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Web page updated on 21/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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