Business tenancies

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Practice notes
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...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
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...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Business tenancies content

Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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18th Jan
Practice notes
Types of claimsThese types of claims fall into three categories. Category I Claims for the recovery of land, including a possession claim under CPR 55...
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18th Jan
Practice notes
On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force through the Civil Procedure...
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18th Jan
Practice notes
This Practice Note considers the current position and provides guidance on the interpretation and application of the relevant provisions of the CPR....
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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Produced in partnership with Jill Carey of Freeths 15th Jan
Practice notes
Tenancies which are protected by the Landlord and Tenant Act 1954 (LTA 1954) will not come to an end unless terminated in one of the ways sanctioned...
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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Produced in partnership with Victoria Jones 15th Jan
Practice notes
A contractual option to take a lease for a further term is a ‘call’ option. It confers a unilateral right on the tenant to call for a renewal lease...
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15th Jan
Practice notes
A landlord can oppose the grant of a new lease under section 30(1) of the Landlord and Tenant Act 1954 opposition ground (e) if:•the current tenancy...
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15th Jan
Practice notes
STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...
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15th Jan
Practice notes
If a landlord establishes one or more of the grounds of opposition to the grant of a new tenancy, the court must refuse to make an order for a new...
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15th Jan
Practice notes
Under section 43(3) of the Landlord and Tenant Act 1954 (LTA 1954), the security of tenure provisions for commercial tenancies under LTA 1954, Pt II...
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15th Jan
Practice notes
Status of the Lease Code 2020The Code for leasing business premises, RICS professional statement 2020 (the Lease Code 2020) is effective from 1...
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
15th Jan
Practice notes
STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...
Read More >
15th Jan
Practice notes
A landlord can oppose the grant of a new lease under section 30(1)(d) of the Landlord and Tenant Act 1954 (LTA 1954). This Practice Note covers what...
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15th Jan
Practice notes
Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...
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15th Jan
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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15th Jan

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