Licences, tenancies at will and periodic tenancies

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Latest Property Disputes News

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Property Disputes weekly highlights—16 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—16 September 2021

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property Disputes content

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....

Notice to complete

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

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...

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

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

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...

Produced in partnership with Kate Andrews of Hamlins 19th May

Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...

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

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

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

Rectification—unilateral mistake

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

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

Commercial rent arrears recovery (CRAR)

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

19th May

COVID-19

Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 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

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...

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

Most recent Licences, tenancies at will and periodic tenancies content

Q&As

Can a settlement agreement require an employee to vacate tied accommodation, occupied under a service occupancy or tenancy, and leave the property in good condition, or would the employer have to follow the eviction process under housing law?

Can a settlement agreement require an employee to vacate tied accommodation, occupied under a service occupancy or tenancy, and leave the property in...

17th Sep

Q&As

Where Company A and Company B have agreed the terms of a lease but not completed it, what is the legal status of assured shorthold tenancies granted by Company B to third parties prior to completion? Are they void due to the absence of B having a legal interest, or do the tenants become direct tenants of Company A?

Where Company A and Company B have agreed the terms of a lease but not completed it, what is the legal status of assured shorthold tenancies granted...

25th Aug

Practice notes

Vacant possession strategy for redevelopment

Vacant possession strategy for redevelopmentCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in...

Produced in partnership with Jill Carey of Freeths 23rd Aug

Q&As

What notice would be required to be given to the owner of a static caravan, on a caravan site, where there is no formal agreement? Would the site manager have to give a reason for not renewing the caravan licence?

What notice would be required to be given to the owner of a static caravan, on a caravan site, where there is no formal agreement? Would the site...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Where a property that is owned by trustees under a Will trust is occupied by a beneficiary and another occupier under a licence, but on the termination of the licence, the occupier refuses to vacate the property, how are the trustees able to evict the occupier and does the occupier have a beneficial interest in the property?

Where a property that is owned by trustees under a Will trust is occupied by a beneficiary and another occupier under a licence, but on the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

Precedents

Licence to erect satellite dish

Licence to erect satellite dishDate [date]Parties1[name of Licensor] [of OR incorporated in England and Wales with company registration number...

10th Aug

Precedents

Tenancy at will

Tenancy at willDateParties1[insert name][of [insert address] OR incorporated in England and Wales with company registration number [insert company...

10th Aug

Precedents

Licence from a school to use a football pitch

Licence from a school to use a football pitchDate:Parties1[name of licensor] [of [address] OR company registration number [number] whose registered...

10th Aug

Precedents

Car Parking Licence

Car Parking LicenceDate [date]Parties1[name of Licensor] [of OR incorporated in England and Wales with company registration number [number] whose...

10th Aug

Precedents

Early access licence

Early access licenceDate [date]Parties1[name of Licensor] [of OR incorporated in England and Wales with company registration number [number] whose...

10th Aug

Precedents

Licence to occupy

Licence to occupyDate [date]Parties1[name of Licensor] [of OR incorporated in England and Wales with company registration number [number] whose...

10th Aug

In-house

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?

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...

10th Aug

Q&As

A client has recently broken up with their partner who has been residing at their property rent-free for approximately 20 years. The client would now like their former partner to leave. The former partner made no contributions towards bills or the maintenance of the property. The former partner has no rights, can be told that permission to reside has been revoked and that they must leave within a specified timeframe. What steps should then be taken to recover possession if it is not possible to change the locks or for the client to remove the former partner?

A client has recently broken up with their partner who has been residing at their property rent-free for approximately 20 years. The client would now...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

Q&As

Would a licence to occupy constitute parting with possession?

Would a licence to occupy constitute parting with possession?Both residential and commercial tenancies commonly include an express term or covenant...

Produced in partnership with Desmond Kilcoyne 10th Aug

Q&As

Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in place and without paying any rent (but paying for maintenance and outgoings in relation to the property), how should the property owner proceed to gain possession and is a formal notice to seeking possession or to quit required?

Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in...

Produced in partnership with Sarah Finch of Hamlins 10th Aug

Q&As

Where there are joint owners of a property (Landlord A and Landlord B), and there is someone occupying the property under a licence, if Landlord A serves a notice to quit on the person occupying the property under a licence, what can Landlord B do in order to prevent the person occupying the property being evicted from the property?

Where there are joint owners of a property (Landlord A and Landlord B), and there is someone occupying the property under a licence, if Landlord A...

10th Aug

Q&As

A business tenant has occupied two business premises owned by the same landlord for more than six months. A written tenancy at will for one of the properties provides for the tenant to pay a monthly rent and is capable of termination at any time. What notice period needs to be given to terminate and how is it best to recover outstanding rent? The second premises are occupied on an ‘implied’ tenancy at will ie no written agreement exists. Does the tenant have security of tenure?

A business tenant has occupied two business premises owned by the same landlord for more than six months. A written tenancy at will for one of the...

Produced in partnership with Helen Galley of XXIV Old Buildings 10th Aug

Q&As

If a tenant was occupying a property under a short term letting agreement (holiday letting) and has not vacated the property, how does a landlord obtain possession? If they have been occupying the property for over a year, are they deemed to be occupying as an assured tenant?

If a tenant was occupying a property under a short term letting agreement (holiday letting) and has not vacated the property, how does a landlord...

10th Aug

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?

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...

10th Aug

Q&As

If a licence is for a term exceeding six months or it is for a term of less than six months but with an option to renew for a further six months, will it fall within the Landlord and Tenant Act 1954?

If a licence is for a term exceeding six months or it is for a term of less than six months but with an option to renew for a further six months, will...

10th Aug

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Licences, tenancies at will and periodic tenancies

View Property Disputes by content type:

Latest Property Disputes News

End of insolvency temporary provisions—introduction of new temporary provisions

Property Disputes weekly highlights—16 September 2021

UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property Disputes content

Specific performance of property agreements

Notice to complete

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

Service charges—summary of tenants’ rights and obligations

Most recent Licences, tenancies at will and periodic tenancies content

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