The issue of whether or not to accept rental payments from third parties sometimes arises, particularly in the following commercial contexts: • where a company related to...
Is the landlord’s consent required to the assignment? Check the terms of the lease (including any deeds of variation or supplemental documents). If the lease is...
In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the demise. Definition of...
Statutory provisions Section 143 of the Law of Property Act 1925 provides that where a licence is granted to a tenant to do any act, the licence, unless otherwise...
[To be printed on headed paper of tenant’s solicitors] Dear [insert organisation name] Lease of [insert description of premises] (the Premises) dated [insert date] and...
[To be printed on the headed paper of the tenant’s solicitors] Dear [insert name of landlord] Lease of [insert description of premises] (the Premises) dated [insert date]...
Date: [insert date] Parties 1 [insert landlord name] [of [insert address] OR incorporated in England and Wales with company registration number [insert landlord company...
What is an authorised guarantee agreement (AGA)? Under an AGA, an outgoing tenant guarantees some or all of the obligations of an incoming tenant under a lease. It was...
Background—Landlord and Tenant (Covenants) Act 1995 Landlord and Tenant (Covenants) Act 1995, s 5(2)(a) provides that if: 'a tenant assigns the whole of the premises...
Status of the 2020 Code The Code for leasing business premises, RICS professional statement 2020 (the 2020 Code) was launched in February 2020 and is effective from 1...
This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further information. It is...
The Groceries Market Investigation (Controlled Land) Order 2010 made by the Competition Commission (whose functions were transferred to the Competition and Markets...
TENANT'S RESPONSE TO FORMER LANDLORD'S NOTICE APPLYING FOR RELEASE FROM LANDLORD COVENANTS OF A TENANCY (Landlord and Tenant (Covenants) Act 1995, section 8) To: [insert...
Every lease contains either an express or implied covenant for quiet enjoyment. In the absence of an express covenant, a covenant will be implied. The covenant includes a...
Date[insert date of assignment in its full format DD-Month-Year] Parties 1 [insert name of Seller] of [insert address] incorporated in England and Wales with company...
The rule against derogation from grant applies to the grant of easements and rights granted for a term of years. The principle is that someone who agrees to confer a...
FORMER LANDLORD'S NOTICE APPLYING FOR RELEASE FROM LANDLORD COVENANTS OF A TENANCY (Landlord and Tenant (Covenants) Act 1995, section 7 and 8) To: [insert name and...
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. As from completion an incoming landlord is: • (in...
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. As from completion of the assignment an incoming...
A leasehold valuation tribunal (LVT) decision (W. Redmile & Sons v Butts MAN/00CF/LBC/2011/0002 and 0003) dealt with alleged breaches of covenant by two sets of tenants...
Without some express or implied permission, a tenant is not permitted to make alterations outside of the demised premises: such access or works will constitute a trespass...
For guidance on the usual forms of covenant against alteration, and on whether consent has been reasonably withheld, see Practice Note: Landlord’s consent to alterations....
For guidance on the usual forms of covenant against assigning and underletting, and on whether consent has been reasonably withheld, see Practice Note: Landlord's consent...
Forfeiture Using the demised premises for a prohibited purpose without consent is a breach which (on usual lease terms) gives rise to a right to forfeit the lease. The...
Form of covenant The tenant’s ability to assign or underlet will depend on the form of covenant in the lease. It is important to properly analyse the covenant, to decide...
Form of covenant Leases generally restrict the tenant's use of the property to a specific purpose, whether specifically described or expressed by reference to planning...