The issue of whether or not to accept rental payments from third parties sometimes arises, particularly in the following commercial contexts: • where a...
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...
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...
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...
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...
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...
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...