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...
Notice to repairIn the event that a landlord decides that an interim damages claim or forfeiture are not appropriate remedies to deal with a tenant’s...
Under section 24(1) of the Landlord and Tenant Act 1954 (LTA 1954), an LTA 1954 lease will continue until terminated in accordance with the provisions...
Damages for disrepair at the end of a lease requires consideration of two sets of principles. First, the common law measure of damages for breach of a...
If the landlord needs to borrow to carry out the works and intends to carry out those works then, in principle, notwithstanding there is no provision...
What options are available to two of the leaseholders if:(1) they wish to carry out repairs to the building where the third leaseholder objectsFor the...
Much of the dilapidations claim relates to items installed by A before the grant of the sublease to B and which were not reinstated at the end of the...
Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of care to all their visitors in respect of dangers...
An assured shorthold tenancy is unlikely to have been granted by deed, so the limitation period applicable to breaches will be six years: section 5 of...
It would appear that the liability for such an issue may fall to the landlord/concurrent tenant or tenant depending on various factors including how...
Whether a tenant has yielded up, with or without vacant possession, is a question of fact and degree. Most modern leases contain an express covenant...
This Practice Note sets out the aims of the Pre-action Protocol for Housing Condition Cases (England) (the Protocol), in force from 13 January 2020,...
The Landlord and Tenant Act 1927 (LTA 1927) allows a tenant to serve notice stating its intention to carry out specified improvements. If the landlord...