Lease covenants and obligations

View Property Disputes by content type:

News

Practice notes

Precedents

Q&As

Latest Property Disputes News

Cladding remediation—where are we?

The following Construction news provides comprehensive and up to date legal information on Cladding remediation—where are we?

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

The following Banking & Finance news provides comprehensive and up to date legal information on Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Property Disputes weekly highlights—16 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—16 September 2021

Featured Property Disputes content

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...

19th May

Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...

Produced in partnership with Desmond Kilcoyne 19th May

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...

Produced in partnership with Kate Andrews of Hamlins 19th May

Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...

19th May

Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

19th May

Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

19th May

Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...

Produced in partnership with Alex Campbell of Arden Chambers 19th May

Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...

19th May

Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...

19th May

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

19th May

Practice notes

Commercial rent arrears recovery (CRAR)

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

19th May

COVID-19

Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May

Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...

19th May

Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...

Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...

19th May

Most recent Lease covenants and obligations content

Q&As

Is a tenant entitled to any reduction in rent where they have been prevented use of their property because of ongoing roadworks?

Is a tenant entitled to any reduction in rent where they have been prevented use of their property because of ongoing roadworks?All leases carry with...

10th Sep

Practice notes

Permitted use, change of use and preventing a competing use — leases

Permitted use, change of use and preventing a competing use — leasesUse by the tenant — IntroductionAs a general proposition, the absence of any...

8th Sep

Q&As

In an unopposed lease renewal under the Landlord and Tenant Act 1954, improvements carried out by the tenant are to be disregarded when establishing the rent. Would improvements carried out under an agreement for lease but prior to the actual commencement of the lease amount to improvements carried out 'during the current tenancy' and thus fall to be disregarded (assuming they were carried out by the tenant and not pursuant to an obligation to the landlord)?

In an unopposed lease renewal under the Landlord and Tenant Act 1954, improvements carried out by the tenant are to be disregarded when establishing...

Produced in partnership with Georgina Muskett of Charles Russell Speechlys LLP 5th Sep

Practice notes

Landlord’s remedies for assigning or underletting without consent

Landlord’s remedies for assigning or underletting without consentFor guidance on the usual forms of covenant against assigning and underletting, and...

3rd Sep

Q&As

A property is owned by a company in respect of which the two leaseholders are directors. It has been discovered that the previous tenant of the first floor flat did not enter into a licence for alterations when they undertook works for a loft extension in 2012. The lease states that such works can only be undertaken following a licence for alterations being entered into with consent not to be unreasonably withheld. The roof is the property of the freehold, not the first floor tenant. The works were undertaken by the previous tenant. Is the new tenant able to request that a retrospective licence for alterations is entered into and a premium paid?

A property is owned by a company in respect of which the two leaseholders are directors. It has been discovered that the previous tenant of the first...

2nd Sep

Q&As

A lessee wishes to install a dormer window in the roof. The roof does not form part of the demise. The previous freeholder gave consent in writing to the installation last year but the works have yet to commence. The freehold has subsequently been sold and the new freeholder is refusing to agree to the works. Can consent be withdrawn?

A lessee wishes to install a dormer window in the roof. The roof does not form part of the demise. The previous freeholder gave consent in writing to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 24th Aug

Practice notes

Quick guide to landlord’s remedies for breach of lease

Quick guide to landlord’s remedies for breach of leaseCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...

24th Aug

COVID-19

Practice notes

Quick guide to where to issue common property dispute applications

Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...

18th Aug

Precedents

Authorised guarantee agreement

Authorised guarantee agreementDate: [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number...

10th Aug

Precedents

Letter sending out draft licence to assign

Letter sending out draft licence to assignLandlord:[insert name of Landlord][of [insert address] OR incorporated in England and Wales with company...

10th Aug

Precedents

Deed of apportionment formally apportioning rent and covenants on assignment of part of the land comprised in a lease

Deed of apportionment formally apportioning rent and covenants on assignment of part of the land comprised in a leaseDate [date]Parties1[name of...

10th Aug

Q&As

Is there any need for a covenant that an assignee enter into a direct deed of covenant with the landlord and management company?

Is there any need for a covenant that an assignee enter into a direct deed of covenant with the landlord and management company?Before the Landlord...

10th Aug

Q&As

A company is a tenant under an informal lease agreement. The landlord is a shareholder of the tenant company. As agreed between the parties, the tenant does not pay rent. The landlord has refused the sole director of the tenant company access to the property. The company is in actual occupation of the property and is still operating out of the premises. What provisions can be relied upon when seeking access to the property on behalf of the sole director?

A company is a tenant under an informal lease agreement. The landlord is a shareholder of the tenant company. As agreed between the parties, the...

10th Aug

Q&As

Where a developer requires to remove a crane from its development site which will result in road closures and gives a neighbouring operator of a car park in the vicinity short notice of this and the requirement for the car park operator to close certain parking bays for health and safety reasons, what can the car park operator do to safeguard its position in terms of anticipated loss of income as a result closure of the road giving access to the car park and loss of parking bays? The car park operator is a business tenant and has notified their landlord of the issue.

Where a developer requires to remove a crane from its development site which will result in road closures and gives a neighbouring operator of a car...

10th Aug

Q&As

If a freehold of a residential property is originally owned by one person (referred to as the landlord in a lease the person grants) and is later owned by two people, are they both called landlords and are they both bound by the original lease in the same way?

If a freehold of a residential property is originally owned by one person (referred to as the landlord in a lease the person grants) and is later...

Produced in partnership with Shabnam Ali-Khan of Russell-Cooke 10th Aug

Q&As

Would a licence to occupy constitute parting with possession?

Would a licence to occupy constitute parting with possession?Both residential and commercial tenancies commonly include an express term or covenant...

Produced in partnership with Desmond Kilcoyne 10th Aug

Q&As

Where there is no reinstatement provision in a lease, what is the position at the end of the term with regard to alterations carried out during the term? Can the landlord insist on a reinstatement provision in a licence for alterations which allows the landlord to serve a reinstatement notice in respect of the works carried out under the licence within a reasonable time after the expiry of the lease term, even though there is no reinstatement provision in the lease?

Where there is no reinstatement provision in a lease, what is the position at the end of the term with regard to alterations carried out during the...

10th Aug

Q&As

In an instance whereby a lessor, following a request by the lessee, declines to provide consent for alterations to be carried out to a leasehold premises, in line with the covenants contained within the lease, would the lessor prejudice their right to issue forfeiture proceedings if they were to offer to provide consent in exchange for varying the lease to increase the yearly ground rent payable? Following on from this, if the lessor issued forfeiture proceedings, on the basis that a limited company own the freehold title, would the directors and shareholders be potentially liable for costs pursuant to a non-party costs order or a security for costs order?

In an instance whereby a lessor, following a request by the lessee, declines to provide consent for alterations to be carried out to a leasehold...

10th Aug

Q&As

As a matter of law if a freehold company is in debt are the shareholders required to contribute to the debt, if the debt is not recoverable as service charges?

As a matter of law if a freehold company is in debt are the shareholders required to contribute to the debt, if the debt is not recoverable as service...

10th Aug

Q&As

Can a commercial tenant request that a landlord agrees to the assignment of a lease when the tenant has served a section 26 notice and the parties are in the process of negotiating terms? Is the landlord entitled to withhold consent until the terms of the new lease have been agreed?

Can a commercial tenant request that a landlord agrees to the assignment of a lease when the tenant has served a section 26 notice and the parties are...

10th Aug

First
1
2
3
4
5
Last

Lease covenants and obligations

View Property Disputes by content type:

Latest Property Disputes News

Cladding remediation—where are we?

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

End of insolvency temporary provisions—introduction of new temporary provisions

Property Disputes weekly highlights—16 September 2021

Featured Property Disputes content

Specific performance of property agreements

Notice to complete

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Service charges—summary of tenants’ rights and obligations

Most recent Lease covenants and obligations content

Popular documents

Common law offence of false imprisonment

Highways, street works and statutory undertakers

Affray

Dawn raid—who can raid my organisation and why?

Contact Us

Popular Links

Policies

Follow us