Perhaps surprisingly, the Landlord and Tenant Act 1730 and the Distress for Rent Act 1737 are still in force. If you are a landlord you may find these two pieces of legislation could bring some welcome Christmas cheer. For tenants, though, it will definitely be a case of 'Bah, humbug!
At the end of a lease the landlord can claim either double rent or double value for any period the tenant remains in occupation beyond the end of the term of the lease.
The Landlord and Tenant Act 1730 entitles a landlord (subject to certain conditions being satisfied) to double the yearly “value” of the premises if a tenant remains in the premises after the landlord has demanded possession in writing.
The Distress for Rent Act 1737 enables a landlord (again, subject to certain conditions) to charge double rent if a tenant gives notice to quit then remains in occupation of the premises following expiry of the notice.
If you are a landlord and want to explore whether you can take advantage of these pieces of legislation then you might like to use our free business lease review for landlords
For tenants looking to avoid these penalties then check out our free business lease review for tenants
Steven Petty, Commercial Property Solicitor
This blog is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free telephone consultation to discuss your particular circumstances.