When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
This Practice Note covers by and upon which party the break notice must be served, the method of service of a break notice (ie permissive or mandatory...
Break clauses—commercial importanceCommercially, the break clause is likely to be a key clause for a tenant to give it flexibility. Failure to comply...
If the tenancy is excluded from the provisions of Part II of the Landlord and Tenant Act 1954, then there is nothing preventing the tenancy agreement...
The validity and form of a tenant’s notice exercising an option to purchase the demised premises will always depend on the terms of the option and any...
An option to determine a lease may be subject to one or more conditions; if so, as a general rule, such condition(s) must be strictly complied with by...
The Law of Property Act 1925, s 196(1) (LPA 1925) provides that where a notice is required or authorised to be served pursuant to the Act, that notice...
When a landlord is considering what steps they need to take in order to have validly served a document, their first point of reference should be the...
This Q&A considers the position as regards a commercial lease which affords the tenant a right to break the lease. It assumes that a tenant wishes to...
A notice given by a tenant under section 26 of the Landlord and Tenant Act 1954 (LTA 1954) must be given to the ‘landlord’ as defined by LTA 1954, s...
It has been assumed that there is no term in the lease specifying the time at which the tenant must give up vacant possession of the property when the...
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