During the 1730s Britain’s Prime Minister, Robert Walpole, guided two pioneering Property Acts through Parliament. Almost three centuries later both pieces of legislation — that allow landlords to charge tenants overstaying their welcome double rent until they vacate a property — are just as valuable, claims a leading property agent.
“It may seem anachronistic to rely on statutes that are nearly 300 years old,” explains Samantha Jones (pictured), an associate director at commercial agency Prop-Search, “but if a tenant overstays their welcome a landlord or owner could well look to these still-in-force Acts for redress.”
Most commercial landlords and tenants are aware of the 1954 Landlord and Tenant Act. Very few will have heard of the Landlord and Tenant Act 1730 and the Distress for Rent Act 1737 — both signed into law by King George II.
On the expiry of a lease — which is outside of the security of tenure provisions of the 1954 Act — a tenant is obliged to return vacant possession to a landlord. If an occupier “holds back” after the lease ends the landlord may, in certain circumstances, be entitled to recover double rent or double the yearly rental value for the premises for as long as the tenant remains in control of the property.
Jones explains that double rent may be demanded from a tenant under Section One of the Landlord and Tenant Act 1730 where the tenant wilfully remains in occupation after the expiry of its tenancy.
“It is usual that the landlord will give the tenant notice demanding vacant possession on the contractual expiry date of the tenancy,” she adds, “which should specify that the landlord will claim double the yearly value of the premises if the tenant does not give up vacant possession on that day.”
It’s important to note, Jones stresses, that this provision only applies to fixed term leases and year-to-year tenancies, not shorter agreements. “It should also be remembered that the provision has no application where the tenant is entitled to stay in the premises after the expiry of the tenancy by reason of the security of tenure provisions contained in the Landlord and Tenant Act 1954,” she says.
A second opportunity to demand double rent is also available under the 1737 Distress for Rent Act. If, under the terms of a lease, a tenant gives notice but fails to return possession of a property, the landlord would be able to demand double rent from the tenant. In this case, the increased level of rent can be charged for as long as the tenant remains in occupation.
“The provisions of these Acts are often overlooked,” concludes Samantha Jones. “But despite their age, the provisions remain a useful tool in a landlord’s armoury — and anyone overstaying their welcome in rented premises should be aware of how much it could cost them.”
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