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...
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The Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022) preserves and broadens the safeguards afforded to commercial tenants during the coronavirus (COVID-19) crisis. It achieves this by ringfencing rent and service charge Arrears built up while premises were mandated to shut, and by creating a statutory Arbitration scheme through which sums can be written down or repayment postponed. A Moratorium on landlord remedies also applies to shield tenants whilst arbitration is ongoing. Core provisions of CR(C)A 2022, together with the government’s Commercial rent Code of practice following the COVID-19 pandemic (the Code), are outlined below. The government has additionally published statutory guidance on the Act’s terms. The window to commence arbitration has now closed, and with it the moratorium on landlord remedies where no reference was lodged. The moratorium endures for arrears that were referred in time (see Moratorium on landlord’s remedies). A Property Litigation Association survey reported very low take-up of the scheme, with markedly fewer arbitration referrals than anticipated. See LNB News...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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 ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...