Licences, tenancies at will and periodic tenancies

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Property Disputes weekly highlights—10 June 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—10 June 2021

Reasonableness in leasehold service charge claims after summary judgment (Gell v 32 St John’s Road)

The following Property Disputes news provides comprehensive and up to date legal information on Reasonableness in leasehold service charge claims after summary judgment (Gell v 32 St John’s Road)

A hat trick of leading decisions on creditor cramdowns—treatment of landlord groups in New Look, Regis and Virgin Atlantic

The following Banking & Finance news provides comprehensive and up to date legal information on A hat trick of leading decisions on creditor cramdowns—treatment of landlord groups in New Look, Regis and Virgin Atlantic

Insolvency, challenges to a CVA, strike out, summary judgment (Nero Holdings v Ronald Young)

The following Property Disputes news provides comprehensive and up to date legal information on Insolvency, challenges to a CVA, strike out, summary judgment (Nero Holdings v Ronald Young)

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...

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...

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...

19th May

Q&As

Can someone trim their neighbour’s hedge without permission which is encroaching their garden?

The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...

Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May

Q&As

Can a mortgagee rely on Ground 2 of Schedule 2 to the Housing Act 1988 to evict a residential tenant occupying under an assured shorthold tenancy if, at the time the tenant was given notice prior to the commencement of the tenancy that the property was mortgaged, it was mortgaged to a different lender (ie it has since been remortgaged)?

The answer is, no.Ground 2 of Schedule 2 Part I to the Housing Act 1988 (HA 1988) reads:‘The dwelling-house is subject to a mortgage granted before...

Produced in partnership with Desmond Kilcoyne 19th May

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

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

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

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

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

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

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...

19th May

In-house

Most recent Licences, tenancies at will and periodic tenancies content

Q&As

Where a mother and father allow their child and the child’s friends to have exclusive possession of an outbuilding for business use, and there is an agreement to pay a monthly rent (albeit no rent is paid), what interest is likely to be created and how can it be terminated? In particular, if there is a lease, is forfeiture available or must the landlord serve a notice under section 25 of the Landlord and Tenant Act 1954?

Where a mother and father allow their child and the child’s friends to have exclusive possession of an outbuilding for business use, and there is an...

11th Jun

Q&As

What options are available to a landlord to gain vacant possession of a property (a hut in a park) occupied pursuant to a trade agreement permitting the sale of ice cream in a park? The agreement does not deal with occupation of any premises, but the tenant has been exclusively occupying a hut for the purpose and pays a trading fee of £700 per month. Is this an implied periodic tenancy?

What options are available to a landlord to gain vacant possession of a property (a hut in a park) occupied pursuant to a trade agreement permitting...

11th Jun

Q&As

A tenant held over after their contracted out lease expired as new lease negotiations were progressing. To that end, the parties agreed a tenancy at will which was signed in counterpart. When the tenant returned their signed copy, they had made an unauthorised amendment to their part. The amendment is not agreed, approved or binding but what does that mean for the tenancy at will? Is it void or will the landlord’s signed version take precedence?

A tenant held over after their contracted out lease expired as new lease negotiations were progressing. To that end, the parties agreed a tenancy at...

11th Jun

Q&As

What is the status of occupation where notices to quit were served in respect of written and implied tenancies at will due to non-payment of rent, but the occupants remained in occupation and paying rent?

What is the status of occupation where notices to quit were served in respect of written and implied tenancies at will due to non-payment of rent, but...

11th Jun

Q&As

If it is not clear when the annual period of an annual periodic tenancy ends, what date or words should be used in the notice to quit, and what period of notice should be given in a section 25 of the Landlord and Tenant Act 1954 notice?

If it is not clear when the annual period of an annual periodic tenancy ends, what date or words should be used in the notice to quit, and what period...

11th Jun

Q&As

A landlord has served a non-hostile section 25 notice offering a tenant a new lease, but the terms of the new lease have not been agreed. The section 25 notice has now expired, the tenant remains in occupation and neither the landlord, nor the tenant has made an application court. The landlord now wants the tenant to vacate the property—what steps does the landlord need to take to regain possession of the property?

A landlord has served a non-hostile section 25 notice offering a tenant a new lease, but the terms of the new lease have not been agreed. The section...

Produced in partnership with Desmond Kilcoyne 11th Jun

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?

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...

Produced in partnership with Desmond Kilcoyne 11th Jun

Q&As

A tenant went into occupation of nursery school premises while lease negotiations were ongoing, but these were never concluded. Rent has been demanded and accepted, although the tenant has failed to make payment for a number of months. Will the tenant have security of tenure under Landlord and Tenant Act 1954 and if so, will the landlord be able to recover possession by serving a notice opposing the grant of a new tenancy?

A tenant went into occupation of nursery school premises while lease negotiations were ongoing, but these were never concluded. Rent has been demanded...

Produced in partnership with Desmond Kilcoyne 11th Jun

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?

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...

Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers 11th Jun

Q&As

Where a contractual term of a commercial lease came to an end ten years ago and it is not known whether the lease was contracted out or not and the tenants have continued to occupy and trade from the premises, and are now in arrears, what steps should the landlord take to terminate and take possession of the premises?

Where a contractual term of a commercial lease came to an end ten years ago and it is not known whether the lease was contracted out or not and the...

11th Jun

Q&As

If a landlord serves a notice under section 25 of the Landlord and Tenant Act 1954 to terminate a monthly periodic tenancy, must the notice expire at the end of a period of the tenancy, or does it suffice for the landlord to give six months’ notice expiring on any day?

If a landlord serves a notice under section 25 of the Landlord and Tenant Act 1954 to terminate a monthly periodic tenancy, must the notice expire at...

Produced in partnership with Carl Fain of Tanfield Chambers 11th Jun

Q&As

Where a landlord grants a lease of a pub and flat and the tenant occupies the flat as residential premises, can a landlord forfeit the lease of the whole for non-payment of rent?

Where a landlord grants a lease of a pub and flat and the tenant occupies the flat as residential premises, can a landlord forfeit the lease of the...

11th Jun

Q&As

Where a landlord serves a section 25 notice on the tenant to end the current tenancy, but there has been no contract with the tenant and the deadline has almost expired, does the Landlord need to issue proceedings if the tenant does not vacate the premises on the termination date? What would happen if the landlord does nothing and allows the tenant to remain in the premises and accepts rent, could this be seen as the landlord granting a new lease with security of tenure?

Where a landlord serves a section 25 notice on the tenant to end the current tenancy, but there has been no contract with the tenant and the deadline...

11th Jun

Q&As

A landlord wishes to recover possession of a commercial property where the tenant has remained in occupation since the expiry of its lease on 2 August 2018. A periodic tenancy may have arisen as the tenant has paid service charge, but not rent. Can a section 25 notice be served giving six months' notice from the date of the notice, or must the expiry of the notice correspond with the end of the contractual term (ie August 2022)? As the landlord wishes to recover possession to sell the property, can it oppose the grant of a new tenancy on the grounds either that it requires the premises for itself or that the property is to be redeveloped?

A landlord wishes to recover possession of a commercial property where the tenant has remained in occupation since the expiry of its lease on 2 August...

11th Jun

Q&As

Where the contractual term of a business lease has expired but the tenant has continued to occupy and pay the yearly rent in quarterly instalments, does the tenant occupy on a periodic lease? What notice period should be given and is it too late to give notice where the anniversary of the lease term end date is in January? Can the lease be terminated instead by agreement by a deed of surrender and if so, are there any specific precautions which should be taken?

Where the contractual term of a business lease has expired but the tenant has continued to occupy and pay the yearly rent in quarterly instalments,...

Produced in partnership with Kate Andrews of Hamlins 11th Jun

Q&As

If, as a term of a service level agreement (SLA), one party allows the other to occupy property in order to deliver the service, will an energy performance certificate be required in respect of that property and is a separate licence or lease required in addition to the SLA?

If, as a term of a service level agreement (SLA), one party allows the other to occupy property in order to deliver the service, will an energy...

11th Jun

Q&As

A company is in occupation of business premises. In 2013, terms were agreed for a protected business lease of the premises but the lease wasn't executed. Nevertheless the company took up occupation in January 2014 and has remained in the premises since. It has spent money investing in the property. No rent has ever been demanded or accepted. The company has tried to pay rent but to no avail and the landlord's solicitors have been notified that a specific rent account had been set up by the company for payment of rent when demanded. The landlord's solicitors had indicated they did not consider the company to have a tenancy of the premises as rent had never been paid. By virtue of remaining in the premises, has the company acquired a protected business tenancy on the terms intended by the parties as set out in the final draft lease? Failing that, has the company acquired a tenancy at will? The landlord's solicitors have served a notice seeking information pursuant to the LTA 1954, s40.

A company is in occupation of business premises. In 2013, terms were agreed for a protected business lease of the premises but the lease wasn't...

11th Jun

Q&As

Where a tenant remains in occupation after the contractual expiry of a contracted-out business lease, what is the nature of that occupation?

Where a tenant remains in occupation after the contractual expiry of a contracted-out business lease, what is the nature of that occupation?The basic...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 11th Jun

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...

11th Jun

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 11th Jun