Lease covenants

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Latest Property Disputes News

Property Disputes weekly highlights—29 July 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—29 July 2021

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father’s Field Development Ltd v Namulas Pension Trustees Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Discharge of restrictive covenant—original contracting parties (Father’s Field Development Ltd v Namulas Pension Trustees Ltd)

Featured Property Disputes content

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...

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

The Party Wall etc Act 1996 (PWA 1996) should be referred to for its full provisions but defines a party wall as a wall forming part of a building and...

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

Remedies for breach of restrictive covenants

Damages or injunction—the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

19th May

Q&As

Can someone trim their neighbour’s hedge without permission which is encroaching their garden?

The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...

Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May

Precedents

Acknowledgement of Line of Junction Notice—New wall astride the boundary

To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...

19th May

Q&As

Can a mortgagee rely on Ground 2 of Schedule 2 to the Housing Act 1988 to evict a residential tenant occupying under an assured shorthold tenancy if, at the time the tenant was given notice prior to the commencement of the tenancy that the property was mortgaged, it was mortgaged to a different lender (ie it has since been remortgaged)?

The answer is, no.Ground 2 of Schedule 2 Part I to the Housing Act 1988 (HA 1988) reads:‘The dwelling-house is subject to a mortgage granted before...

Produced in partnership with Desmond Kilcoyne 19th May

Precedents

Example letter 1–Party Structure Notice

To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...

19th May

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

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

Rectification—unilateral mistake

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

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

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

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

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

Practice notes

Trespass—remedies

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

19th May

In-house

Most recent Lease covenants content

Practice notes

Recovery of landlord’s costs of enforcing tenant’s covenants

Recovery of landlord’s costs of enforcing tenant’s covenantsMost leases contain a clause allowing for the recovery of costs of taking enforcement...

29th Jul

Q&As

A lease has a clause which states that where the property is subject to a superior lease then, provided a copy of the superior lease is supplied, the tenant will 'observe all of the non-financial covenants on the part of the landlord (as lessee under the superior lease) as set out in the superior lease of the premises, a copy of which has been provided to the tenant prior to the date of this tenancy'. If the superior lease was never in fact provided to the tenant prior to signing, can the landlord enforce it on the tenant?

A lease has a clause which states that where the property is subject to a superior lease then, provided a copy of the superior lease is supplied, the...

7th Jul

Practice notes

Quick guide to tenant remedies for landlord’s breach of lease

Quick guide to tenant remedies for landlord’s breach of leaseThis Practice Note gives brief details of the main remedies available to tenants to deal...

5th Jul

Practice notes

Derogation from grant and the covenant for quiet enjoyment

Derogation from grant and the covenant for quiet enjoymentThe rule against derogation from grant applies in addition to any obligation of quiet...

22nd Jun

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...

18th Jun

COVID-19

Practice notes

Quick guide to common time limits for property disputes lawyers

Quick guide to common time limits for property disputes lawyersThis Practice Note details the deadlines for carrying out some of the more common tasks...

11th Jun

Q&As

In a commercial lease the tenant has covenanted not to ‘permit any contaminative substances to be on the Property’. It has been discovered that the former tenant deposited contaminative substances on the site. Is the new tenant in breach of covenant for not removing these substances?

In a commercial lease the tenant has covenanted not to ‘permit any contaminative substances to be on the Property’. It has been discovered that the...

Produced in partnership with Alexander Campbell of Field Court Chambers 6th Jun

Q&As

Would disconnecting the electricity supply to business premises constitute a breach of the covenant for quiet enjoyment?

Would disconnecting the electricity supply to business premises constitute a breach of the covenant for quiet enjoyment?There is an express or implied...

Produced in partnership with Laura Bushaway 6th Jun

Q&As

Where an application is made to the tribunal to vary the terms of a residential lease (relating to service charge calculation), is there scope for the landlord to recover the costs of the application from the leaseholders? This is specifically in a situation whereby there are eight leases, and seven of them agree to the variation, while one does not.

Where an application is made to the tribunal to vary the terms of a residential lease (relating to service charge calculation), is there scope for the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun

Q&As

Is there an infringement of the tenant's right to quiet enjoyment if the landlord erects phone aerials on the roof space of building (which is retained by the landlord)? Is there any case law dealing with this type of factual scenario?

Is there an infringement of the tenant's right to quiet enjoyment if the landlord erects phone aerials on the roof space of building (which is...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun

Q&As

What, if any, remedies do leaseholders have to prevent another leaseholder breaching covenants in their lease?

What, if any, remedies do leaseholders have to prevent another leaseholder breaching covenants in their lease?Mutual enforcementAs a first step, it is...

6th Jun

Q&As

Are residential landlords under any obligation to give bailiffs access upon receiving notice that they intend to attend the premises of one of the tenants, and where they have asked for access for that purpose? Is there a risk the landlord will breach its quiet enjoyment obligations if they do?

Are residential landlords under any obligation to give bailiffs access upon receiving notice that they intend to attend the premises of one of the...

6th Jun

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 6th Jun

Q&As

Are there General Data Protection Regulation issues to consider in the context of a landlord or managing agent passing information in respect of a tenant(s) to their legal advisers in respect of a proposed vacant possession strategy or providing other legal advice in connection with the enforcement of tenant covenants in a lease and a bailiff or enforcement officer for the purposes of recovering rent arrears?

Are there General Data Protection Regulation issues to consider in the context of a landlord or managing agent passing information in respect of a...

6th Jun

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...

6th Jun

Q&As

The landlord and tenant of commercial premises make an agreement in a side letter allowing monthly (rather than quarterly) payment of rent, but with a proviso that the entire amount becomes due on any default by the tenant. If the letter is not expressed to be personal, and the landlord’s interest is assigned, can the new landlord enforce the proviso following a subsequent default?

The landlord and tenant of commercial premises make an agreement in a side letter allowing monthly (rather than quarterly) payment of rent, but with a...

6th Jun

Q&As

Under a commercial lease which states that a landlord is permitted to recover legal costs incurred due to a tenant's breach of the lease, would the legal costs claimed have to relate to court action or could they simply be legal costs charged by the solicitors for taking preliminary action (eg writing letters to the tenant to chase up rent) which did not result in a court claim?

Under a commercial lease which states that a landlord is permitted to recover legal costs incurred due to a tenant's breach of the lease, would the...

Produced in partnership with Anna Metcalfe of St Philips Chambers 6th Jun

Q&As

Is it possible to include a restrictive covenant or an agreement in a transfer whereby the transferee covenants or agrees not to object to a potential nuisance caused by the transferor?

Is it possible to include a restrictive covenant or an agreement in a transfer whereby the transferee covenants or agrees not to object to a potential...

6th Jun

Q&As

Does a restrictive covenant ‘not to use the property for the purpose of any trade or business or manufacture nor to use the property for any purpose other than as a single private dwelling’ prohibit use of the property for holiday rentals?

Does a restrictive covenant ‘not to use the property for the purpose of any trade or business or manufacture nor to use the property for any purpose...

6th Jun

Q&As

Can the landlord change the locks?

Can the landlord change the locks?Case studyA landlord is granted possession under section 8, the possession date has passed and the tenant appears to...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 6th Jun

Lease covenants

View Property Disputes by content type:

Latest Property Disputes News

Property Disputes weekly highlights—29 July 2021

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father’s Field Development Ltd v Namulas Pension Trustees Ltd)

Featured Property Disputes content

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

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Discharging a charging order over land

Remedies for breach of restrictive covenants

Most recent Lease covenants content

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