Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Arrears definition

What does Arrears mean? Arrears are sums that have fallen due for payment but remain unpaid after the due date. In legal practice this descriptive term is used across contexts (contractual, statutory and court-ordered), for example rent arrears, service charge arrears, mortgage arrears, council tax or maintenance arrears. Particular regimes may define arrears for their own purposes, but there is no single universal statutory definition. In leases, arrears are amounts reserved by the lease (such as rent, service charge and insurance rent) that the tenant has not paid when due. Leases commonly provide that, once arrears persist for a specified period, the landlord...

Recovering Commercial Rent Arrears in Scotland: landlord options, court and summary diligence, statutory demands, guarantees, deposits, hypothec, and key considerations including irritancy, time bar and insolvency

Published by a LexisNexis Property Disputes expert

Practice notes

Rent

Rent is the amount payable by a Tenant to the landlord for occupying or using the premises. The rent figure must be capable of being worked out from the lease; it need not be fixed for the whole Term, but the starting rent must be identified together with a method—typically a rent review clause—to determine later rents. Rent is usually expressed as exclusive of VAT, payable without deduction and without the need for demand. See Practice Note: Rent and rent review in commercial leases in Scotland.

Commercial rent is ordinarily paid in advance by equal instalments on the quarter days, namely:

28 February, May, August and November
or, where English parties prefer, 25 December, 25 March, 24 June and 29 September

Monthly payment is increasingly common. Where rent is payable quarterly in advance, the entire instalment falls due on the quarter day. This can be significant where a tenant seeks to exercise a break clause with a termination date between quarter days. See Practice Notes: Break options in commercial leases—disputes—Scotland and Break options in commercial leases in Scotland...

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Gavin Deeprose

DLA Piper

Gavin is a Senior Professional Support Lawyer in DLA Piper's Litigation & Regulatory Group. He provides technical support to legal professionals within the Group across a diverse range of subject areas including property, commercial and regulatory disputes. He monitors, updates and trains lawyers and clients on relevant legal and regulatory developments, creates and maintains litigation and other styles for use within the Group and produces articles and client bulletins for publication on the firm's website and newspapers, journals and online platforms. He also works on global projects to enhance the quality of client service.Prior to becoming a professional support lawyer Gavin gained substantial experience as practitioner, working at two major Scottish firms. He is an experienced litigator specialising in commercial disputes, including property related claims, corporate debt recovery and repossessions, and insurance litigation, acting for many prominent companies and financial...

Alistair Drummond

DLA Piper

Alistair heads up DLA Piper's Litigation and Regulatory practice in Scotland, and specialises in all aspects of Commercial Property and Commercial Lease disputes and Contentious Construction issues. He advises on wide ranging matters including dilapidations, keep open clauses, landlord's consent, irritancy, lease interpretation, servitudes, enforcement of missives and agreements for lease, amongst others. Recognised by his peers and clients alike as having extensive and comprehensive knowledge of his area of practice, Alistair is frequently requested to lecture and present seminars and training events on the subject. ...

Web page updated on 22/05/2026

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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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