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...
The Landlord and Tenant Act 1987 (LTA 1987), Part I gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest...
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...
Position during the acceptance periodUnder section 5A(4) of the Landlord and Tenant Act 1987 (LTA 1987), a section 5A notice must specify the period...
Under section 1(1)(2) of the Landlord and Tenant Act 1987 (LTA 1987) (where relevant to this Q&A):‘…(1) A landlord shall not make a relevant disposal...
By section 1 of the Landlord and Tenant Act 1987 (LTA 1987), a landlord is not lawfully entitled to make a relevant disposal (which would include any...
It has been assumed that the Landlord and Tenant Act 1987 (LTA 1987) applies to the mixed use building (in other words the residential element exceeds...
The right of first refusalUnder Part I of the Landlord and Tenant Act 1987 (LTA 1987), a landlord may not make ‘a relevant disposal’ (as to which, see...