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The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

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...

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...

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...

Trespass—remedies

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

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

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

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

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

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

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

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

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

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

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

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

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

Precedents

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...

9th Nov

Practice notes

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....

9th Nov

COVID-19

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...

9th Nov

Practice notes

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...

9th Nov

COVID-19

In-house

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 from the third party?

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...

13th May

Q&As

If a tenancy agreement does not exist how can the occupier be evicted from the property? The property belongs to an estate and the executor is refusing to move out and is breaching their duty as an executor as distributions have not been equalised in accordance with the deceased's Will.

How can an occupier be evicted from the property?A tenancy agreement is merely a written expression of a contractual relationship between the parties....

Produced in partnership with Dr David Smith of JMW Solicitors LLP 28th Apr

Q&As

A property is being transferred to two beneficiaries of a trust. One of the beneficiaries (party A) will reside at the property and the other (party B) will not. A wants to stay there for five years and B is agreeable to that. A will pay rates/insurance/utilities, but not any rent. In the absence of rent payable, what is the most appropriate way to document this? Would a licence be more appropriate than an assured shorthold tenancy? The intention is to document the occupation but not for A to accrue any additional rights to stay beyond the five-year term.

In a scenario such as this, the legal mechanism to enable the occupation of A matters only in the event of a dispute. If A simply vacates the property...

27th Apr

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 27th Apr

Q&As

What happens if a landlord serves a section 25 notice proposing terms for a renewal lease, and the tenant does not respond before the termination date specified in the notice?

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...

27th Apr

Q&As

If a commercial business tenancy (outside of the Landlord and Tenant Act 1954) is in the name of two landlords and one tenant and the tenant addresses and serves a notice to quit to only one of the landlords, is the notice still valid?

A commercial tenancy within its fixed term can be ended only by mutual agreement (the landlord accepting a surrender), possession proceedings or...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr

Q&As

Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the minimum energy efficiency standards regulations post 1 April 2018?

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...

27th Apr

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 27th Apr

Q&As

Can you serve a notice to quit to end a non-excluded residential licence at the very start of the agreement?

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...

27th Apr

Q&As

How should we document a headlease for a tenant who has been in occupation for many years and has granted an underlease?

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....

27th Apr

Q&As

If a landowner allows squatters a short period of time to vacate before issuing possession proceedings does this create a licence or tenancy, and if so how should that licence or tenancy be terminated?

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...

27th Apr

Q&As

As part of a business sale, a company is assigning properties. One appears to have been occupied by way of periodic tenancy for 14 years, the company paying a monthly rent. The landlord produced a draft lease about ten years ago but this did not progress. How does the company assign the periodic tenancy to its buyer and on what basis will landlord’s consent be given or refused? What terms are likely to be implied in the periodic tenancy in respect of assignment?

A lease for a term exceeding three years must be in writing and be granted by deed for it to take effect as a legal interest. A failure to comply with...

27th Apr

Q&As

How does a landlord take back possession of a commercial tenancy where there are rent arrears but no forfeiture clause and a commercial licence which provides for termination on arrears of rent and there are arrears?

Recovering possession of commercial tenancy where there are rent arrears but no forfeiture clauseIn order to be entitled to forfeit the breach will...

27th Apr

Q&As

What are the necessary elements for the occupation of a seating area (used by a tenant with a lease of separate commercial premises nearby) to be pursuant to a lease, rather than a licence? If the occupation is pursuant to a lease, would the tenant need to serve a separate request for a new tenancy of the seating area?

Case studyA tenant of commercial premises pursuant to a lease also has a licence (in writing) for outdoor seating area which was entered into at the...

27th Apr

Q&As

The owner of an estate of residential and commercial properties wishes to let a cottage on the estate to a local pub business for use as residential accommodation for pub employees. Is the lease from the estate owner to the pub owner a residential or business lease?

Residential or business leaseAs to whether the lease from the estate owner ('E') to the pub owner ('P') is a residential or business lease will depend...

27th Apr

Q&As

What is the status of a tenant of mixed use premises whose lease expired and they are no longer in occupation but are paying rent. The tenant sublet the residential element of the premises with consent, and the commercial element without consent. What action should be taken to terminate any relationship with the existing tenant and enter into direct relationships with the subtenants, and can the landlord claim rent directly from the subtenants in the interim?

In answering this Q&A we have assumed that:•the premises were protected under the Landlord and Tenant Act 1954 (LTA 1954). We also assume that the...

27th Apr

Q&As

What is the status of a lease granted by a party who has no interest in the premises?

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...

27th Apr

Q&As

In the sale of a property by a mortgagee, how can the buyer ensure that the former mortgagor vacates the property prior to completion. Do they have an overriding interest (ie actual occupation) and can it be overreached?

Overriding interestsAn overriding interest is an interest in property which amounts to an exception to the general rule that in respect of registered...

27th Apr

Q&As

If a company was a tenant in a residential assured shorthold tenancies (potentially on the behalf of employees without using a service occupancy agreement) what may be the legal ramifications?

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...

27th Apr

Q&As

A tenant under a fixed term of ten years has been holding over for three years. The rent is payable annually on the 1st September each year. What notice must be served to terminate the tenancy?

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...

27th Apr