The Commercial Litigation team was instructed by a commercial landlord to take urgent enforcement action against a tenant company that had failed to pay rent falling due over the Christmas period. The arrears comprised a significant sum, including unpaid rent and associated legal costs, and the client required swift, decisive action to protect their position.
The initial enquiry was received within a week of Christmas Day. Given the timing and the risk of further delay over the festive shutdown, Peter Knibbs, Partner in the Commercial Litigation team, acted immediately to progress the matter. A statutory demand was drafted as a priority, and arrangements were made for service despite the challenges presented by the holiday period.
BPE worked closely with a process server to ensure the statutory demand was served on the debtor company in between Christmas Day and the New Year. This required active coordination and decision-making during the Christmas period, ensuring no loss of momentum at a critical stage.
The statutory demand was successfully served, placing the debtor company under pressure to pay the outstanding debt. The debtor now has until later in January 2026 to comply with the demand and pay the debt, failing which BPE are instructed to present a winding-up petition with the court and then serve it on the debtor tenant.
BPE’s Commercial Litigation team has extensive experience advising on, drafting and serving statutory demands as an effective tool to ensure debts are paid.
Peter Knibbs regularly acts for landlords and businesses in high-value and time-critical matters, providing clear, pragmatic advice from the outset. If you would like to understand whether a statutory demand may be appropriate in your circumstances, please contact the Commercial Litigation team to discuss your position by clicking here.
