Property Law Time Limits

Limitation Periods in Property Law UK � Landlord Guide

Limitation Act 1980 time limits for property and landlord-tenant claims: 12 years to recover land (s.15; adverse possession � registered land: LRA 2002 Sch 6 10-year application procedure; unregistered: 12-year extinguishment); 6 years for rent arrears (s.5 � per-instalment accrual; partial payment restarts clock); 12 years for mortgage repossession (s.20); 3 years for personal injury (s.11; s.14 date of knowledge; s.33 court discretion); latent damage (Latent Damage Act 1986; s.14A/14B � 6 years from damage; 3 years from knowledge; 15-year long-stop); Scotland: Prescription and Limitation (Scotland) Act 1973 (5-year primary prescription; 20-year long negative prescription).

10 min readUpdated 7 June 2026Last reviewed: 17 May 2026limitation-periodrent-arrearsadverse-possessionlimitation-act-1980

Recovering Land � 12 Years

LA 1980 s.15: 12-year period for actions to recover land. Unregistered land: 12 years' adverse possession extinguishes paper owner's title. Registered land: LRA 2002 Sch 6 � 10-year adverse possession; squatter applies to Land Registry; registered owner notified; owner has 2 years to object or take action before registration proceeds. Mortgage repossession: LA 1980 s.20 � 12 years from date mortgagee's right of action accrued; 6-year period for mortgage interest (s.20(5)).

Rent Arrears � 6 Years

LA 1980 s.5: 6-year period for simple contract claims � applies to rent arrears under most tenancy agreements. Per-instalment accrual: each missed payment creates a separate cause of action when it falls due; time runs separately for each instalment. Deed lease (LA 1980 s.8): formal commercial leases executed as deeds may benefit from 12-year period � take legal advice. Partial payment/written acknowledgment (ss.29�30): restarts the limitation period from the date of payment or acknowledgment.

Breach of Repair Covenants

Breach of repairing covenant: 6-year period from date of breach (LA 1980 s.5). Dilapidations at lease end: 6 years from lease termination. Latent damage (DPA 1972): Latent Damage Act 1986 (LA 1980 ss.14A�14B): 6 years from damage; 3 years from knowledge; 15-year long-stop from date of breach. Continuing breach: may give rise to recurring causes of action � seek advice on appropriate accrual date.

Personal Injury � 3 Years

LA 1980 s.11: 3-year limitation period from date of injury or date of knowledge (s.14 � when claimant first knew: injury significant; attributable to act or omission; identity of defendant). Court discretion to extend (s.33) � relevant for asbestos; noise-induced hearing loss; latent conditions. Children: time does not run until age 18 � child injured at 10 has until age 21 to claim. Maintain public liability insurance and inspection records to defend claims.

Scotland and Northern Ireland

Scotland (Prescription and Limitation (Scotland) Act 1973): 5-year primary prescriptive period for most contractual and delictual obligations from date obligation became enforceable. 20-year long negative prescription extinguishes obligations not subject to shorter period. Deposit penalty: 6-year period from accrual (England/Wales). Northern Ireland (Limitation (NI) Order 1989): mirrors England and Wales � 6-year contract claims; 12-year land claims; 3-year personal injury.

Frequently asked questions

How long do I have to claim rent arrears from a former tenant?+

Six years from the date each instalment fell due under the Limitation Act 1980 s.5 (for most tenancy agreements). Each missed payment creates a separate cause of action. A partial payment or written acknowledgment restarts the 6-year period from that date. If the lease was executed as a deed, the period may be 12 years under LA 1980 s.8.

What is the limitation period for adverse possession?+

Unregistered land: 12 years' adverse possession extinguishes the paper owner's title (LA 1980 s.15). Registered land: after 10 years, the squatter applies to HM Land Registry; the registered owner is notified and has 2 years to act (LRA 2002 Sch 6). The LRA 2002 procedure gives registered owners significantly more protection.

How long does a tenant have to claim for a landlord's failure to repair?+

Six years from the date the breach first occurred (LA 1980 s.5). For latent defects (Latent Damage Act 1986): 6 years from damage occurring, or 3 years from knowledge � whichever is later � subject to a 15-year long-stop. Personal injury arising from disrepair: 3 years from date of injury or knowledge (LA 1980 s.11).

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Landlord Rights

Guarantor Enforcement � How Landlords Enforce a Tenancy Guarantee

Tenancy guarantor enforcement: types of guarantee (unlimited, limited, joint and several, on-demand); serving a valid demand; limitation periods (12 years for deed; 6 years for simple contract); county court proceedings; AGA and LT(C)A 1995 s.17 notice trap for commercial landlords.

Scotland Only � Scottish PRT (Private Housing (Tenancies) (Scotland) Act 2016) � Notice to Leave: Must Cite One of 18 Schedule 3 Grounds � No Section 21 in Scotland � Mandatory Grounds (Tribunal MUST Evict): Grounds 1-9 (Landlord's Needs); Ground 12 (3+ Months' Arrears; No Dispute); Grounds 17-18 (Registration/HMO Licence Refused or Revoked) � Discretionary Grounds: 10-11; 12A; 13-16 � Notice Periods: 28 Days or 84 Days Depending on PRT Length and Ground � Pre-Action Arrears Requirements (ss.51-53): Clear Information; Repayment Plan Offer; Financial Support Consideration � First-tier Tribunal (Housing and Property Chamber): Only Body That Can Issue an Eviction Order

Notice to Leave Scotland � 18 PRT Grounds, Mandatory vs Discretionary, Notice Periods, Pre-Action Rent Arrears Requirements and First-tier Tribunal

In Scotland, a landlord cannot end a Private Residential Tenancy (PRT) without citing one of the 18 statutory grounds in Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016. There is no equivalent of the English Section 21 no-fault notice in Scotland. Mandatory grounds (tribunal MUST grant Eviction Order if established): Grounds 1-9 (landlord's needs � own occupation; sale; mortgagee possession; religious purpose; non-residential use; refurbishment; family member; religious body; student accommodation); Ground 10 (non-residential/demolition � discretionary in practice); Ground 12 (3+ consecutive months' rent arrears with no dispute); Grounds 17-18 (landlord registration or HMO licence refused/revoked). Discretionary grounds (tribunal considers reasonableness): Grounds 11 (breach of tenancy); 12A (persistent arrears); 13-16 (ASB; criminal conviction; association with convicted person; no longer main home). Notice periods for PRTs of 6+ months: 28 days for Grounds 11-14; 17-18; 84 days for Grounds 1-10; 12A; 15-16. Pre-action requirements for rent arrears grounds (PHTScot 2016 ss.51-53): provide clear arrears information; offer repayment plan; consider financial support eligibility. First-tier Tribunal (Housing and Property Chamber): sole body with power to issue an Eviction Order in Scottish PRT; adjudicates notice validity, ground establishment, and reasonableness (for discretionary grounds).

HMLR Title Classes � LRA 2002

Possessory Title UK � HMLR Title Classes, How Possessory Title Arises, BTL Mortgage Restrictions, Title Indemnity Insurance and Converting to Absolute Title

Possessory title is one of four classes of registered title at HM Land Registry and the one that most commonly causes BTL mortgage financing problems. Unlike absolute title (which carries a full HMLR state guarantee), possessory title is registered subject to any estates or rights that existed at the date of first registration � meaning a third party with a pre-registration interest can potentially make a successful claim. Most mainstream BTL lenders (Nationwide; Barclays; NatWest; Halifax; Paragon; Aldermore) will not lend on possessory title without title indemnity insurance. Key points: (1) how possessory title arises: adverse possession registration (LRA 2002 Sch 6); lost or destroyed title deeds on first registration; informal inheritance without probate; (2) impact on lending: most mainstream BTL lenders require absolute title; specialist lenders (Shawbrook; Together; Hampshire Trust Bank) may lend with a satisfactory title indemnity insurance policy; (3) title indemnity insurance: one-off premium (typically 0.1-0.5% of property value); covers market value loss + lender charge + legal costs; lender typically included as co-insured; (4) conversion to absolute title (LRA 2002 s.62): after 12 years of quiet possession from the date of HMLR registration of possessory title, the registered proprietor can apply to HMLR to upgrade to absolute title � HMLR notifies interested parties and upgrades to absolute if no valid objection received.

Landlord Duty of Care

Occupiers' Liability for Landlords UK