How long after leaving a commercial property can a landlord chase for unpaid rent?

wozzza72

We left a commercial property because our business was no longer financially working. We were 6 months from the end of the lease (£1500 per month) and, as it was a fully repairing lease, there would have been dilapidations to pay.

We instructed the landlord we had to leave early and said we had no money whatsoever left, no house to take or anything else of any value. We couldn't even use our solicitor anymore due to the financial situation.

We've heard nothing from the landlord in over 5 months now. How long does he have if he wanted to sue us for unpaid rent and other expenses?

baza52

6 years most likely

Slithery

For most things like this it's usually 6 years.

daveyjp

6 years in England and Wales.

However, if a formal process for terminating the lease has not started
the lease may not actually end when you think it will.

If dilapidations aren't sorted you may well be liable for rent until they are as the landlord may be unable to let the unit.

At the very least you may have to go through a formal procedure for winding the business down.

jimbog

Hopefully in the next few years your luck will improve and you'll be able to pay them back

TBagpuss

Most debts can be recovered for 6 years after they were incurred, or last acknowledged.

You need to make sure that you have formally served notice to end the lase, in the required by the lease. If you have not don that, it may be that the landlord will not take action until the lease expires, so that they can claim the full amount in one go, including any money due for repairs / dilapidations.

Are you aware of whether the landlord has either re-let the unit or advertised for letting? If they have, that would be useful as it would potentially mean that they have agreed the early surrender even if you didn't follow the correct process, and that they are mitigating their losses.

Comms69

WHo owed the rent?


Was it ABC Ltd? Or was it you as a sole trader or part of a partnership?

SmashedAvacado

It is not always the case that you need to serve notice to end a commercial lease. If you had a fixed term tenancy and vacated at by the end of the tenancy and returned the keys then the tenancy ends. You don't need to serve notice.