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GLOSSARY

Tenant definition

Published by a LexisNexis Property expert

What does Tenant mean?

A person to whom a lease is granted.

A tenant is entitled to exclusive possession of the land subject to the lease as against his landlord. As a party to a relationship of landlord and tenant, a tenant has a wide variety of rights and obligations. The essential rights and obligations are that the tenant is entitled to exclusive possession, he must pay a rent and he must give up the property at the end of the time for which the lease runs.

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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 114 Checklists on Tenant

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...

Discover our 7 Flowcharts on Tenant

Landlord and Tenant Act 1987—what are premises, what is a flat and who is a qualifying tenant?

What are premises?For LTA 1987 to apply there must be premises:•which constitute the whole or part of a building•which are used 100% for residential purposes or (where use is mixed residential/commercial) as to 50% or more of the internal floor area of the premises (excluding the floor area of common parts) for residential purposes•which contain two or more flats held by qualifying tenants•in which the aggregate number of flats held by qualifying tenants exceeds 50% of the total number of flats in the premisesIn addition they must be premises which are either:•the subject of the planned relevant disposal by the landlord (ie the very premises he proposes to sell or let), or•'affected by' the planned relevant disposal'Affected by' is not defined in LTA 1987, though there is some help to be gained from LTA 1987, s 4(1). It appears to be a matter of feel whether the part of premises are affected by a disposal of other parts. In Dartmouth the court rejected the argument that the premises affected by...

Statutory Protection against mortgage repossession for residential tenants

The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A 2010) applies where a landlord of a mortgaged property grants a residential tenancy without obtaining the lender's consent. It intervenes where the landlord defaults and the lender obtains a possession order, and obliges the lender to serve a notice on the tenant advising them of their rights under MR(PT)A 2010. A tenant can request the lender to delay enforcing the possession order so they can find alternative accommodation and avoid homelessness. If the lender refuses, the tenant can apply to court to ask it to order a delay. Tenants may still be vulnerable as a lender does not always require a court order to obtain possession and so the tenant may not have the chance to claim relief.Tenancies granted without mortgagee's consentHistorically, tenants have had few rights if their landlord defaults on mortgage repayments. Tenancies granted after the mortgage date and without the lender’s consent offered no rights of occupation or protection against the lender. Consequently, the tenant could face...

Discover our 776 Practice Notes on Tenant

Explanatory note for a client's Will—to spouse on flexible life interest trust with remainder on discretionary trust

Explanatory note for a client's Will—to spouse on flexible life interest trust with remainder on discretionary trust STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. [Your] Will—[name of testator]—explanatory note This explanatory note explains the main provisions of your Will. Please read this explanatory note and your Will carefully....

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...

Dive into our 297 Precedents related to Tenant

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...

See the 3647 Q&As about Tenant

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.

Insurance & Reinsurance weekly highlights—12 June 2025

This week's edition of Insurance & Reinsurance weekly highlights includes: War risk insurers held liable for jets stranded in Russia (AerCap Ireland Ltd v AIG Europe SA and another); UK ransomware ban could boost cost of cyber-insurance; UK insurers abusing dishonesty defence, legal body warns; Insurers Using More 'Sweep-Up' Clauses In Policies; Lloyd's broker faces 2027 trial over US$3m bribery scheme; UK needs modern sanctions rules, ex-Lord Chancellor warns; Solvency II—Commission consults on draft delegated decision regarding provisional equivalence for third-country insurers within EU-headquartered groups; plus dates for your diary and key recent cases.

Read the latest 104 News articles on Tenant

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GLOSSARY

Tenant definition

What does Tenant mean?

View the related checklists about Tenant

Drafting a building contract/schedule of amendments—checklist

Option agreements—acting for the buyer—checklist

View the related flowcharts about Tenant

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

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

View the related practice notes about Tenant

Landlord and Tenant Act 1987—what are premises, what is a flat and who is a qualifying tenant?

Statutory Protection against mortgage repossession for residential tenants

View the related precedents about Tenant

Explanatory note for a client's Will—to spouse on flexible life interest trust with remainder on discretionary trust

Grazing lease—Scotland—Style

View the related q&as about Tenant

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

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

View the related News about Tenant

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

Insurance & Reinsurance weekly highlights—12 June 2025

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Related Glossary Terms

GLOSSARY

Tenant definition

What does Tenant mean?

View the related checklists about Tenant

Drafting a building contract/schedule of amendments—checklist

Option agreements—acting for the buyer—checklist

View the related flowcharts about Tenant

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

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

View the related practice notes about Tenant

Landlord and Tenant Act 1987—what are premises, what is a flat and who is a qualifying tenant?

Statutory Protection against mortgage repossession for residential tenants

View the related precedents about Tenant

Explanatory note for a client's Will—to spouse on flexible life interest trust with remainder on discretionary trust

Grazing lease—Scotland—Style

View the related q&as about Tenant

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

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

View the related News about Tenant

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

Insurance & Reinsurance weekly highlights—12 June 2025

Call us on

Popular Links

HELP & SUPPORT

LEGAL SOLUTIONS

Policies