Leases and licences

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Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
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...
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9th Nov
Precedents
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...
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9th Nov
Practice notes
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....
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov

Most recent Leases and licences content

Q&As
Where a licence is granted to occupy land and the licensee allows a third party into occupation who causes damage, can the licensor obtain possession...
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13th May
Q&As
If the tenant does not respond, by way of agreeing a statutory extension, or by issuing court proceedings by the termination date specified in the...
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27th Apr
Q&As
A commercial tenancy within its fixed term can be ended only by mutual agreement (the landlord accepting a surrender), possession proceedings or...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr
Q&As
This Q&A relates to non-domestic property.Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is...
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27th Apr
Q&As
Firstly, it is important to ensure that what is being dealt with is a true licence. Our Practice Note: Using licences and tenancies at will gives some...
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27th Apr
Q&As
We assume that no formal lease was entered into with the tenant.The tenant may have acquired some sort of tenancy by virtue of being in occupation....
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27th Apr
Q&As
In regard to the procedure for removal of the trespassers, assuming that they have not at any point had permission to be on the land (ie they are not...
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27th Apr
Q&As
Recovering possession of commercial tenancy where there are rent arrears but no forfeiture clauseIn order to be entitled to forfeit the breach will...
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27th Apr
Q&As
In Mann and another company v Shelfside Holdings Ltd and another the tenant argued that a freehold owner cannot on one day grant a lease to a tenant...
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27th Apr
Q&As
Overriding interestsAn overriding interest is an interest in property which amounts to an exception to the general rule that in respect of registered...
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27th Apr
Q&As
Under section 1 of the Housing Act 1988 (HA 1988), only an individual(s) can hold an assured tenancy (AT) and accordingly an assured shorthold tenancy...
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27th Apr
Q&As
If the tenant remains in occupation at the end of a lease term, it may be inferred that it is remaining either as a:•tenant at will, or•tenant with a...
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27th Apr

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