Licences and tenancies at will

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Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

The following Corporate Crime news provides comprehensive and up to date legal information on Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

When ‘ought not’ a tenant be granted a renewal lease under the Landlord and Tenant Act 1954? (Kent v Guest)

The following Property Disputes news provides comprehensive and up to date legal information on When ‘ought not’ a tenant be granted a renewal lease under the Landlord and Tenant Act 1954? (Kent v Guest)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Brexit found not to frustrate lease of European Medicines Agency’s headquarters (Canary Wharf v European Medicines Agency)

The following Banking & Finance news provides comprehensive and up to date legal information on Brexit found not to frustrate lease of European Medicines Agency’s headquarters (Canary Wharf v European Medicines Agency)

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 Licences and tenancies at will content

Practice notes

CPR 55 procedure in relation to residential common law tenancies

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

18th Jan

COVID-19

Practice notes

Vacant possession strategy for redevelopment

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

Produced in partnership with Jill Carey of Freeths 15th Jan

Practice notes

Periodic tenancies

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

15th Jan

In-house

Practice notes

Implied tenancies at will—holding over after expiry of a contracted-out lease or occupation before completion of a new lease

Where a tenant holds over after the expiry of an existing tenancy, it is an open question whether the circumstances (including any payment of rent)...

15th Jan

Practice notes

Protection from eviction and protection from harassment

This Practice Note summarises the main offences and statutory provisions against unlawful eviction of certain tenants and licensees. For further...

15th Jan

Practice notes

Service occupancy and service tenancy

An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those...

15th Jan

Practice notes

Using licences and tenancies at will

Pressure to secure a new letting often leads to the suggestion of early access on the basis of a licence or tenancy at will. The principal risk of...

15th Jan

In-house

Q&As

When drafting a contractual licence to occupy, is there any legal issue or risk for either party if the licence period: is expressed to start in the future (say a few days after completion of the licence), or has already expired and the licence is completed to regularise the period of use?

A contractual licence to occupy is a personal contractual agreement allowing the licensee to occupy premises on a non-exclusive basis, usually for a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Where one family member moves in with another and will make a contribution towards household bills but will not pay rent, how should this occupation be documented? On the death of the family member who owns the property, will the other family member have a right to remain at the property?

It is not uncommon that a family member will move into a property owned (or let) by another, on an informal basis. That incoming family member may...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

An occupier of residential property is granted a 12-month fixed term ‘licence’. If the ‘licence’ includes a clause purporting to automatically renew the licence for a further 12-month term unless the ‘tenant’ serves three months’ notice on the ‘landlord’ to terminate the licence on expiry of the initial fixed term: would such a clause be valid? and is such a clause an unfair contract term?

Validity of a clause providing that licence or tenancy will automatically renew for a further fixed term unless the licensee or tenant has served a...

Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan

Q&As

Where a neighbouring landowner has been in occupation of a field for a number of years under an informal agreement, is this a tenancy at will? How would the owner of the field regain possession?

Case studyA neighbouring landowner has been in occupation of a field for a number of years under an informal agreement, paying £1 per month to the...

Produced in partnership with Amanda Eilledge of Hardwicke Chambers 8th Jan

Q&As

Would an option to renew within a genuine licence to occupy arrangement mean there is a risk it could be construed as a lease?

For the purposes of this Q&A, it has been assumed that scenario relates to commercial premises. The nature of the option to renew has not been...

Produced in partnership with Matthew Haynes of St Ives Chambers 8th Jan

Q&As

The contractual term of a three-year commercial lease has expired and the tenant has remained in occupation, paying rent on a quarterly basis. It is not known if the lease was inside or outside the security of tenure provisions of LTA 1954. How can the landlord recover possession or alternatively, increase the rent payable? Is the tenant able to serve any notice to determine the tenancy?

This Q&A considers whether a landlord can recover possession, or increase the rent payable upon expiry of a commercial lease. It also considers...

Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers 8th Jan

Q&As

The cohabitee of a deceased property owner has moved out of the home they shared. She has removed all her belongings and cancelled direct debits for utilities and rent. The property was in the shared ownership of the deceased and a housing association. Are the deceased’s executors entitled to take possession of the property or might it be an offence under the Protection from Eviction Act? The cohabitee currently resides in other premises under an assured shorthold tenancy but states that she wishes to return to the deceased’s property at some unspecified date.

Following the death of a person, their interest in real estate devolves onto their personal representatives (PRs) (section 1 of the Administration of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure in respect of business tenancies that fall within its provisions....

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

A non-charity ‘tenant’ is occupying residential property for the purpose of a business carried on by it (providing child care services). A five-year lease, containing no contracting-out provisions, was executed, but never completed. It reserved an annual rent, paid quarterly. What is the basis of occupation of the ‘tenant’—an implied periodic tenancy on the terms of the lease with the Landlord and Tenant Act 19541 protection? If so, would the landlord need to serve a section 25 notice and also a notice to quit in respect of the periodic tenancy?

The fact that a building is a house or flat (ie designed wholly for residential purposes) does not prevent it falling within the scheme of the...

Produced in partnership with Desmond Kilcoyne 8th Jan

Q&As

If a periodic tenancy starts on first of the month and a notice was served by pushing it under the tenant’s door on 1 June after 5pm requiring possession on 31 July, would this be deemed sufficient notice?

Periodic tenanciesA periodic tenancy is a tenancy that can be created either by express agreement or by inference. The period of the tenancy will...

Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan

Q&As

Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?

In this scenario, it appears that what has been granted may well be a lease, assuming that the occupier has exclusive possession (which is stated to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Is an oral agreement where someone occupies property and the only term agreed was that rent was £600 per month a tenancy at will? If so, can the landlord evict the tenant immediately?

A tenancy at will is a flexible, personal arrangement between a landlord and an occupier which may or may not be in writing, and which is often used...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As