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GLOSSARY

Landlord definition

Published by a LexisNexis Property expert

What does Landlord mean?

A person who grants a lease.

A landlord must be the owner of freehold or leasehold land to create a leasehold estate. The relationship of landlord and tenant confers a wide variety of rights and obligations on each party to the lease. A lease is created by granting a right to exclusive possession, at a rent, for a limited period.

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Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Option agreements—acting for the buyer—checklist

Option agreements—acting for the buyer—checklist Call or put option? In a 'call' option the buyer will have control in that it may call for a transfer of the property. A 'put' option gives the seller control in that it can require the buyer to take a transfer of the property and therefore the buyer should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Seller's charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: • joins into the agreement (this is rare in practice), or • provides written consent to the granting of the option In either case, the mortgagee should confirm that if the buyer exercises the option it will acquire the property free from the charge or, if the mortgagee...

Discover our 115 Checklists on Landlord

LTA 1987 Statutory right of pre-emption (right of first refusal)—landlord selling on the open market—flowchart

LTA 1987 Statutory right of pre-emption (right of first refusal)—landlord selling on the open market—flowchart The Landlord and Tenant Act 1987 (LTA 1987), Part I gives qualifying tenants of flats a right of pre-emption (also known as a right of first refusal) enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. The landlord cannot make a relevant disposal without first serving a

Terminating assured and assured shorthold tenancies under section 8 of the Housing Act 1988—flowchart

Terminating assured and assured shorthold tenancies under section 8 of the Housing Act 1988—flowchart This Flowchart sets out the procedure for terminating an assured (AT) or assured shorthold tenancy (AST) under section 8 of the Housing Act 1988 (HA 1988), including service of a section 8 notice, issuing proceedings and the stages in the proceedings leading to an order for possession. Where HA 1988 applies, unless a tenant agrees to vacate a property voluntarily, a landlord can only recover possession by following the procedures set out in HA 1988, ss 8 or 21, by obtaining an order for possession and enforcing it. See Practice Note: Assured and assured shorthold tenancies—terminating. The procedure under HA 1988, s 8 can be used where either the tenant is in default of its obligations under the tenancy (for example failing to pay rent) or the landlord is entitled to possession on one of the other grounds contained in HA 1988, Sch 2 whether during a fixed term or periodic tenancy. Certain grounds for possession...

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Reporting to a lender in an investment real estate finance transaction

Reporting to a lender in an investment real estate finance transaction This Practice Note discusses the key common issues to consider and report to a lender (often referred to as a funder) in an investment real estate finance transaction. It does not deal with solving any title or other issues (see Checklist: Key issues for funder's property lawyers in real estate finance transactions—checklist) but focuses on the key concerns for lenders and when to report issues to the lender. Importance of reporting to a lender The lender will have obtained a substantial amount of information regarding the property and proposed business plan from the borrower as part of the early discussions on the availability of a loan and whether the property and any other relevant assets are suitable security. This information will be provided to the lender before the heads of terms are agreed and is used by the lender as the basis for its calculations on the level of finance available and the borrower's ability to...

Relinquishment and assignation 1991 Act tenancies—Scotland

Relinquishment and assignation 1991 Act tenancies—Scotland Relinquishment or assignation of 1991 Act tenancy to ‘new entrant’ or to a ‘person progressing in farming’ Sections 110 and 111 of the Land Reform (Scotland) Act 2016 came into force on 28 February 2021 inserting Part 3A into the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) providing a process whereby a tenant under a 1991 Act tenancy can relinquish their tenancy to the landlord in exchange for compensation, or if the landlord does not buy them out, allow the 1991 Act tenant to assign the tenancy to a ‘new entrant’ or to a ‘person progressing in farming’. The provisions contained in the Agricultural Holdings (Relinquishment and Assignation) (Scotland) Regulations 2020, SSI 2020/430, (R&A Regs 2020) apply to an agricultural holding in respect of which the lease was entered into in writing: • before 27 November 2003, or • on or after 27 November 2003 but before the commencement of the tenancy, and the lease expressly states that AH(S)A 1991 is to apply to it...

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Grazing lease—Scotland—Style

Grazing lease—Scotland—Style Parties 1 [insert full name of party], residing at [insert address] (together with their successors as landlord under this Lease), are hereinafter together referred to as the Landlord; and 2 [insert full name of party], residing at [insert address] [and [insert full name of party], residing at [insert address]] (hereinafter [together] referred to as the Tenant). IT IS CONTRACTED and AGREED between the Parties as follows: 1 Definitions Act • means any act of the United Kingdom (UK) or Scottish Parliament and any delegated law made under it and any European Community legislation or decree having effect of law in the UK; Authority • means any statutory, public, local or other authority or any court of law or any government department or any of their duly authorised officers; Date of Entry • means [insert date of entry]; Ish • means [insert date of ish—no more than 364 days after date of entry]; Landlord's Neighbouring Property • means the neighbouring property retained by...

Precedent s 106A deed of variation/supplemental agreement

Precedent s 106A deed of variation/supplemental agreement AGREEMENT relating to Section 106 and 106A of the Town and Country Planning Act 1990 [and [insert other legislation]] in relation to the development at [insert address] This Agreement is made on [insert date] Parties 1 [insert name], of [insert address] ("Council"); 2 [insert name], of [insert address] (“County Council”); 3 [insert name], of [insert address] (“Owner”); and 4 [ Additional parties as necessary eg landlord, mortgagee, option holder etc. ] ("[insert additional parties as necessary eg landlord, mortgagee, option holder etc] "). Background (A) The Council is the local planning authority for the purposes of s 106 and s 106A of the 1990 Act for the area within which the Land is situated and is capable of enforcing the obligations in the Original Agreement. (B) The County Council is the local highway authority for the area within which the Land is situated and is capable of enforcing the obligations in the Original Agreement. (C) [Recite ownership details...

Dive into our 261 Precedents related to Landlord

Do I have time to serve an effective break notice, what form should it take and what is the method of service?

Do I have time to serve an effective break notice, what form should it take and what is the method of service? Scenario A client has just called to tell me that after some last minute management meetings, they would like to give notice urgently to end the lease of their HQ. The break clause states the following: ‘If the Tenant wishes to determine this Lease on the fifth anniversary of commencement of the Term and gives to the Landlord at least 6 months' prior written notice of that wish, then on expiry of the notice the Term is to cease and determine immediately, but without prejudice to any rights or remedies that may have accrued’ The Term commenced on 1 March 2009. It’s 2.30pm on Friday, 30 August 2013. Can I still serve notice effectively and what should I put in my notice? Timing • Determine what is the fifth anniversary of the Term. If the Term commenced ‘on’ (rather than ‘from’ 1 March 2009),...

What is the key legislation concerning protection of nesting birds and their hibernation?

What is the key legislation concerning protection of nesting birds and their hibernation? Certain species of animals (including wild birds) are protected at European and national levels from being harmed or disturbed. Similarly, many areas/habitats with distinctive animals (including certain birds) are protected at the international, European and national level. Some of the applicable regulatory regimes are set out below. For more information on species and habitats protection generally, see: Protected areas and species—overview. Domestic Legislation Wild birds are specifically protected by the Wildlife and Countryside Act 1981 (WCA 1981). There are a range of offences provided for within WCA 1981, including it being an offence (subject to specific exceptions) to: • intentionally to kill, injure or take any wild bird • take, damage or destroy the nest of a specified wild bird • take, damage or destroy the nest of any wild bird while the nest is in use or being built • take or destroy an egg of any wild bird • have in one's possession or control...

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Scrutinising landlord commissions in placing insurance (London Trocadero v Picturehouse Cinemas)

Property Disputes analysis: The High Court has held that a landlord of commercial premises had been significantly overcharging its tenant insurance rent by taking a commission as part of the insurance premium. The landlord (part of the Criterion Group which holds a portfolio of property worth over £4bn) was ordered to repay over £700,000 to its tenant. This is a significant judgment for practitioners with landlord and/or tenant clients and group litigation seems likely to follow if an appeal is not mounted by the landlord or is unsuccessful. Written by Tiffany Scott KC, barrister at Wilberforce Chambers.

Environment weekly highlights—12 June 2025

This week's edition of Environment weekly highlights includes: news analysis on the Department for Environment, Food and Rural Affairs (Defra)'s consultation aiming to refine the biodiversity net gain (BNG) framework to better accommodate minor, medium, and brownfield developments. In addition this week, Defra has announced plans to introduce a Bill by the end of 2025 to enable the UK's ratification of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Treaty, the Office for Environmental Protection (OEP) has filed its written submissions in the appeal of R (Rights Community Action Ltd) and has found potential breaches of environmental law on wild bird protection by Defra and Natural England, and Defra has announced that new provisions under the Water (Special Measures) Act 2025 (W(SM)A 2025) have come into effect, banning bonus payments for senior executives at six water companies.

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