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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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