Leases and licences

View Property Disputes by content type:

News

Practice notes

Precedents

Q&As

Latest Property Disputes News

What will the impact on the industry be of extending the restrictions on the use of statutory demands and winding up petitions?

The following Dispute Resolution news provides comprehensive and up to date legal information on What will the impact on the industry be of extending the restrictions on the use of statutory demands and winding up petitions?

Electronic Communications Code—Contested Terms (MSV Agreements and Indemnity Provisions) (EE & Hutchison v Hackney LBC)

The following Property Disputes news provides comprehensive and up to date legal information on Electronic Communications Code—Contested Terms (MSV Agreements and Indemnity Provisions) (EE & Hutchison v Hackney LBC)

Coronavirus (COVID-19) update—restrictions on enforcement extended

The following Banking & Finance news provides comprehensive and up to date legal information on Coronavirus (COVID-19) update—restrictions on enforcement extended

HMCTS publishes guidance and FAQs for the Damages Claims pilot scheme (CPR PD 51ZB)

The following Dispute Resolution news provides comprehensive and up to date legal information on HMCTS publishes guidance and FAQs for the Damages Claims pilot scheme (CPR PD 51ZB)

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...

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

The Party Wall etc Act 1996 (PWA 1996) should be referred to for its full provisions but defines a party wall as a wall forming part of a building and...

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...

19th May

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...

19th May

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

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

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...

19th May

Precedents

Example letter 1–Party Structure Notice

To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...

19th May

Precedents

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...

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

Rectification—unilateral mistake

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

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

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

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

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 Leases and licences content

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?

An occupier of residential property is granted a 12-month fixed term ‘licence’. If the ‘licence’ includes a clause purporting to automatically renew...

Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun

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 5th Jun

Q&As

Where notice is to be given to an occupier who is excluded from the protection of the Protection from Eviction Act 1977 (a family member living with the licensor rent-free and without exclusive possession), is the notice valid for a certain period of time, during which the licensor must take action to recover possession?

Where notice is to be given to an occupier who is excluded from the protection of the Protection from Eviction Act 1977 (a family member living with...

5th Jun

Q&As

Where a licence to occupy can be terminated under a break clause by giving six months' notice at any time, from which date will the six-month period be calculated? Will it commence on the day of service of the notice, or the day after service?

Where a licence to occupy can be terminated under a break clause by giving six months' notice at any time, from which date will the six-month period...

5th Jun

Q&As

A co-habitant (A) paid the mortgage and bills without contribution from the other co-habitant (B). A was excluded from the property due to bail conditions but has since received permission to evict B from the property. B did not pay rent and was not in exclusive occupation until A's exclusion from the property. Could a tenancy in favour of B have arisen while A was excluded from the property or would B have just remained as a lodger?

A co-habitant (A) paid the mortgage and bills without contribution from the other co-habitant (B). A was excluded from the property due to bail...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

Where a mother has allowed her daughter to live in her home (the mother not being in occupation herself) and the daughter has allowed various lodgers to reside there too, what steps can be taken to remove the daughter and lodgers (eg changing locks)? There is no agreement in place and the daughter only occasionally contributes to costs.

Where a mother has allowed her daughter to live in her home (the mother not being in occupation herself) and the daughter has allowed various lodgers...

5th Jun

Q&As

Will a periodic tenancy be regarded as monthly or quarterly where, the rent is demanded on a quarterly basis, in accordance with the expired lease, but is paid on a monthly basis?

Will a periodic tenancy be regarded as monthly or quarterly where, the rent is demanded on a quarterly basis, in accordance with the expired lease,...

Produced in partnership with Christi Scarborough of 42 Bedford Row 5th Jun

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?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

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?

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...

Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun

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...

5th Jun

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...

5th Jun

Q&As

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

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...

5th Jun

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?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

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...

5th Jun

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?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

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?

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...

5th Jun

Q&As

Where a written periodic tenancy states that one month's notice must be given to terminate the tenancy, can the notice expire at any time or must it expire at the end of the monthly period?

Where a written periodic tenancy states that one month's notice must be given to terminate the tenancy, can the notice expire at any time or must it...

5th Jun

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?

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...

Produced in partnership with Amanda Eilledge of Hardwicke Chambers 5th Jun

Q&As

Can you register an annual periodic tenancy at HM Land Registry?

Can you register an annual periodic tenancy at HM Land Registry?Pursuant to sections 3(3), 4(1)(c) and 27(2)(b)(i) of the Land Registration Act 2002...

5th Jun

Q&As

If a new tenant has been allowed to exclusively possess a room within a building for 12 months during lease negotiations for a new business lease (not renewal), could the landlord argue that it is not a periodic tenancy on the basis that no rent has been demanded (or paid) and no period of occupancy has been agreed? Could the landlord argue that the occupation is as a tenancy at will?

If a new tenant has been allowed to exclusively possess a room within a building for 12 months during lease negotiations for a new business lease (not...

5th Jun