Security of tenure for business tenancies under the Landlord and Tenant Act 1954 is a key area for a property litigator. Get the research and tools to advise on how security arises and how it’s terminated, daily.
Guidance covers the procedural and practical considerations prior to and throughout the process of forfeiting a lease. We give detailed guidance, linking deeper commentary, forms, precedents and a wide range of Q&As.
Guidance to secure rights to install and retain equipment to provide electronic communications services. Code issues, in respect of granting and terminating agreements, frequently arise between landowners and operators.
Understand practice and procedures, the implications of legislation and case law. Our notes have direct links to relevant cases, legislation, guidance and commentary. Get daily news feeds and weekly highlights.
This week's edition of Property Disputes weekly highlights includes: amendments to the Civil Procedure Rules and a report on the state of the County...
On 16 July 2025, the Master of the Rolls and Lord Justice Birss gave speeches at an event hosted by the Ministry of Justice and The Law Society. The...
The Ministry of Housing, Communities and Local Government (MHCLG) has published guidance on the operation of the Building Safety Levy, scheduled to...
Dispute Resolution analysis: The minutes of the Online Procedure Rule Committee (OPRC) meeting of 9 June 2025 (conducted in a hybrid format at The...
The House of Commons Justice Committee has published a report, examining the state of the County Court in England and Wales. The Committee found the...
Unlawful eviction and quiet enjoymentThis Practice Note explains what unlawful eviction is, how and when it may arise from a civil perspective, the...
Informal occupation of residential propertyThis Practice Note looks at potential issues that may arise when occupiers are allowed access to, or remain...
Business and Property CourtsThis Practice Note should be read in conjunction with Practice Note: Dispute Resolution—judicial practice notes and...
Contractual option to renew a leaseA contractual option to take a lease for a further term is a ‘call’ option. It confers a unilateral right on the...
Remote execution of documents in property transactions—virtual and electronic signaturesThis Practice Note looks at the use of virtual and electronic...
Tenant's notice requiring information from freeholder—superior interests—section 11(3)—flat collective enfranchisement (LRHUDA 1993)LEASEHOLD REFORM,...
Witness statement in support of an application for permission to lift the administration moratorium under paragraph 43 of Schedule B1 to the...
Letter to administrator requesting consent to bring proceedings against a company in administration[insert name, address and contact...
Application notice for permission to lift the administration moratorium under paragraph 43 of Schedule B1 to the Insolvency Act 1986Note: This...
Pre-irritancy notice—monetary breach—Scotland[insert address of Landlord’s solicitor or agent]Our ref: [insert reference]Date: [insert date]To: [Name...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Remedies for breach of restrictive covenantsThis Practice Note explains when damages for breach of restrictive covenants might be awarded in lieu of...
Notice to completeThis Practice Note covers what ready, willing and able means and the consequences of serving an invalid notice. A party who is...
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—substantial interference...
Periodic tenanciesThis Practice Note sets out the nature of a periodic tenancy and the procedure and notice periods for terminating such a tenancy. It...
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
Quick guide to benefit and burden of covenants on assignmentThe Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted...
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
Trespass—remediesThis Practice Note covers the remedies available to landowners who find their property has been unlawfully occupied by a trespasser...
Return or forfeiture of a depositA buyer's right to the return of a deposit and the seller's right to forfeit the deposit in relation to a property...
Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
Rectification—unilateral mistakeThis Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake,...
Quick guide to tenant remedies for landlord’s breach of leaseThis Practice Note gives brief details of the main remedies available to tenants to deal...
A business lease renewal, pursuant to LTA 1954.
Also known as an implied surrender. It occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. It is often demonstrated by the delivery of possession by the tenant and acceptance by the landlord.
The Landlord and Tenant Act 1954, Part II (LTA 1954). Where a business tenancy complies with the requirements of LTA 1954, s 23, a tenant will have a statutory right to seek a new lease at the expiry of its current tenancy.