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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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...
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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...
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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...
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....
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...
Lets of residential accommodation are largely regulated by statute (for example, assured and assured shorthold tenancies are regulated by the Housing...
A tenancy at will is a precarious right to occupy land. It can arise by implication where the parties have not expressly agreed that there should be a...
Nature of occupationIt is important to distinguish between a lease (ie a tenancy) and a licence. A lease gives rise to a relationship of landlord and...
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...
In the case of the business tenancy which has not been contracted out, the landlord may rely on the express forfeiture clause. This is because section...
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...
Is the arrangement a tenancy at will or Landlord and Tenant Act 1954 protected periodic tenancy?The case law is a little inconsistent in this area and...
A contractual licence to occupy is a personal contractual agreement allowing the licensee to occupy premises on a non-exclusive basis, usually for a...