Lease covenants

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Latest Property Disputes News

Business tenancy renewals and the pandemic (WH Smith v Commerz)

The following Property Disputes news provides comprehensive and up to date legal information on Business tenancy renewals and the pandemic (WH Smith v Commerz)

Property Disputes weekly highlights—15 April 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—15 April 2021

Time limits for referrals to the Upper Tribunal (Land and Estate Developments UK Ltd v Nottingham City Council)

The following Property Disputes news provides comprehensive and up to date legal information on Time limits for referrals to the Upper Tribunal (Land and Estate Developments UK Ltd v Nottingham City Council)

Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

Featured Property Disputes content

Forfeiture of a lease

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

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...

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....

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...

Practice notes

Void contracts

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...

9th Nov

Practice notes

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...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Notice to complete

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

9th Nov

COVID-19

Practice notes

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...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

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...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

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...

9th Nov

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...

9th Nov

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...

9th Nov

In-house

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

9th Nov

Practice notes

Trespass—claims and defences

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

9th Nov

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

9th Nov

Most recent Lease covenants content

Practice notes

Derogation from grant and the covenant for quiet enjoyment

The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...

8th Apr

Practice notes

Lease variations—applying to a tribunal to vary a long lease of a flat

Application by party to lease for variationAny party to a long lease of a flat can make an application either to the First-tier Tribunal (Property...

8th Apr

Practice notes

Quick guide to common time limits for property disputes lawyers

This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...

12th Mar

Practice notes

Quick guide to landlord’s remedies for breach of lease

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

10th Mar

COVID-19

Q&As

Where an assured shorthold tenancy is executed with a date for the beginning of occupation of the property, if a tenant fails to take occupation is the tenancy agreement enforceable as a contract?

As soon as the tenancy is executed by the parties it gives the tenant a right to possession on the commencement date and all the obligations between...

Produced in partnership with Carl Fain of Tanfield Chambers 12th Feb

Q&As

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

Mutual enforcementAs a first step, it is necessary to review the other leaseholders leases to determine whether they contain mutual enforcement...

10th Feb

Q&As

In a lease granted by a local authority to a registered provider, if there are no conditions requiring an assignment to be to another registered provider only (ie the lease can be assigned to any suitable party), is there anything in statute that can be relied upon to refuse consent to an assignment to any party that is not a registered provider of affordable housing? There is a condition in the underletting covenant to state that this must be on affordable rent terms but no such condition on assignments.

Local Authorities will commonly lease property to registered housing providers to provide accommodation for persons entitled to it. These arrangements...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Jan

Q&As

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

There is an express or implied term in a lease of business premises that a tenant has the right to quietly enjoy the premises. Quiet enjoyment is the...

Produced in partnership with Laura Bushaway 22nd Jan

Q&As

Where the freehold of a unit and service yard has been severed and are now under different ownership, how can the tenant of the unit protect the right of way which it enjoys over the service yard as part of a lease renewal of the unit? What action could the tenant take if the right of way over the service yard is blocked?

LTA 1954An order for the grant of a new tenancy pursuant to the Landlord and Tenant Act 1954 will be an order for the grant of a new tenancy of the...

22nd Jan

Q&As

What are the potential remedies against a landlord and the purchaser of an adjoining piece of land over which a tenant enjoys a right of way, when the right of way has been blocked?

Options for grantIn general, an order for the grant of a new tenancy pursuant to the Landlord and Tenant Act 1954 (LTA 1954) will be an order for the...

22nd Jan

Q&As

The freeholder of a block of flats is in default of its obligation to insure the building under the terms of the flat leases. One of the tenants proposes to take enforcement action. How can the tenant of a single flat ensure that the building (and consequently the tenant’s flat) is protected in the meantime?

In a lease of a flat the landlord generally covenants to insure the whole building of which the flat forms part and recovers the cost of such...

22nd Jan

Q&As

If a landlord of a multi-let estate operates parking regulations and enforcement in the shared customer car park in an unreasonable way (imposing fines and parking restrictions) would this amount to a breach of the covenant for quiet enjoyment or a derogation from grant?

When demised premises are situated in a larger plot of land held by the immediate lessor out of which other leases have been granted, provision will...

22nd Jan

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?

We assume that the company in question is not a right to manage (RTM) which manages property pursuant to Commonhold and Leasehold Reform Act 2002...

22nd Jan

Q&As

Where an extension was built on a long leasehold house without the ground landlord’s consent, and the ground landlord has since accepted notice of change of ownership, can he now sue for the breach of covenant or has he waived this right by accepting the change of ownership notice?

In answering this Q&A, we have assumed that the landlord’s consent was required for the extension, the notice of change of ownership was served after...

Produced in partnership with Christopher Snell of New Square Chambers 22nd Jan

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.

The developer will have required a licence from the local authority in respect of the crane oversailing the highway, and in respect of the consequent...

22nd Jan

Q&As

In respect of a pre-emption agreement, is there a legal limit on the ‘pre-emption period’, ie the time within which the pre-emption agreement will be legally enforceable? Does the statutory perpetuity period apply to pre-emption agreements that run from the present?

A pre-emption agreement is a right to purchase something (usually land or shares) before the asset is sold to a third party. The right is contractual...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As