Residential tenancies

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Latest Property Disputes News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

Trespass—claims and defences

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

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

Trespass—remedies

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

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...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

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...

9th Nov

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...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

Concurrent and reversionary leases

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...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

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...

9th Nov

Practice notes

Notice to complete

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

9th Nov

COVID-19

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...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

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...

9th Nov

Practice notes

Void contracts

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...

9th Nov

Precedents

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...

9th Nov

Practice notes

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....

9th Nov

COVID-19

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...

9th Nov

Practice notes

Forfeiture of a lease

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

9th Nov

COVID-19

In-house

Most recent Residential tenancies content

Practice notes

Assured and assured shorthold tenancies—terminating

Assured and assured shorthold tenancies—terminatingCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...

13th May

Scottish Law

COVID-19

In-house

Q&As

Where a landlord serves a notice under both section 8 and section 21 of the Housing Act 1988 and issues possession proceedings based on the section 8 notice which prove unsuccessful, can the landlord subsequently issue proceedings based on the section 21 notice or would a fresh notice need to be served? Would serving a further section 21 notice invalidate the first?

Where a landlord serves a notice under both section 8 and section 21 of the Housing Act 1988 and issues possession proceedings based on the section 8...

13th May

Practice notes

A summary of the Renting Homes (Wales) Act 2016

A summary of the Renting Homes (Wales) Act 2016Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure...

13th May

Practice notes

A summary of types of private residential tenancies

A summary of types of private residential tenanciesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...

13th May

Practice notes

Residential tenancies and the Immigration Act—'Right to Rent'

Coronavirus (COVID-19): This Practice Note contains guidance which may be impacted by the government’s response to the COVID-19 outbreak. For further...

7th May

Q&As

If there are two tenants living in a house, with separate assured shorthold tenancies (AST), who share amenities (living room, kitchen, bathroom), is this considered a house in multiple occupation? Does the fact that there are separate agreements have any influence or is the AST nonetheless excluded pursuant to Schedule 14 to the Housing Act 2004?

A house in multiple occupation (HMO) is defined in section 254 of the Housing Act 2004 (HA 2004) as one which meets certain specified criteria; the...

6th May

Q&As

Where there is a three-year fixed term tenancy, and the tenancy agreement contains special provisions whereby the tenancy agreement may be terminated after one year, is service of a section 21 notice under the Housing Act 1988 after the initial year sufficient to terminate the tenancy, or does there have to be formal notification that the tenancy is being ended prior to expiry of the fixed term (even though this in accordance with the agreement)? In respect of the calculating the required notice, if six months’ notice is given on 20 October (by hand), does that notice expire on 20 April the following year, or would it be 21 April?

Exactly how the contractual tenancy is terminated after one year will depend on the terms of the tenancy agreement. A break option usually requires...

6th May

Q&As

If a section 21 notice is served on a tenant, but at the time the notice was served the rent deposit was for an amount in excess of five weeks' rent (as the tenancy commenced prior to the Tenant Fees Act 2019 being implemented) does this render the section 21 notice invalid? Does it make a difference if the section 21 notice was served by an agent on behalf of the landlord, rather than the landlord themselves?

The Tenant Fees Act 2019 (TFA 2019), in force from 1 June 2019, prohibits landlords and letting agents from requiring tenants of certain residential...

5th May

Practice notes

Quick guide to where to issue common property dispute applications

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

29th Apr

Q&As

If a tenancy agreement does not exist how can the occupier be evicted from the property? The property belongs to an estate and the executor is refusing to move out and is breaching their duty as an executor as distributions have not been equalised in accordance with the deceased's Will.

How can an occupier be evicted from the property?A tenancy agreement is merely a written expression of a contractual relationship between the parties....

Produced in partnership with Dr David Smith of JMW Solicitors LLP 28th Apr

Q&As

A property is being transferred to two beneficiaries of a trust. One of the beneficiaries (party A) will reside at the property and the other (party B) will not. A wants to stay there for five years and B is agreeable to that. A will pay rates/insurance/utilities, but not any rent. In the absence of rent payable, what is the most appropriate way to document this? Would a licence be more appropriate than an assured shorthold tenancy? The intention is to document the occupation but not for A to accrue any additional rights to stay beyond the five-year term.

In a scenario such as this, the legal mechanism to enable the occupation of A matters only in the event of a dispute. If A simply vacates the property...

27th Apr

Q&As

Can you serve a notice to quit to end a non-excluded residential licence at the very start of the agreement?

Firstly, it is important to ensure that what is being dealt with is a true licence. Our Practice Note: Using licences and tenancies at will gives some...

27th Apr

Q&As

If a landowner allows squatters a short period of time to vacate before issuing possession proceedings does this create a licence or tenancy, and if so how should that licence or tenancy be terminated?

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...

27th Apr

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?

Residential or business leaseAs to whether the lease from the estate owner ('E') to the pub owner ('P') is a residential or business lease will depend...

27th Apr

Q&As

What is the status of a tenant of mixed use premises whose lease expired and they are no longer in occupation but are paying rent. The tenant sublet the residential element of the premises with consent, and the commercial element without consent. What action should be taken to terminate any relationship with the existing tenant and enter into direct relationships with the subtenants, and can the landlord claim rent directly from the subtenants in the interim?

In answering this Q&A we have assumed that:•the premises were protected under the Landlord and Tenant Act 1954 (LTA 1954). We also assume that the...

27th Apr

Q&As

In the sale of a property by a mortgagee, how can the buyer ensure that the former mortgagor vacates the property prior to completion. Do they have an overriding interest (ie actual occupation) and can it be overreached?

Overriding interestsAn overriding interest is an interest in property which amounts to an exception to the general rule that in respect of registered...

27th Apr

Q&As

If a company was a tenant in a residential assured shorthold tenancies (potentially on the behalf of employees without using a service occupancy agreement) what may be the legal ramifications?

Under section 1 of the Housing Act 1988 (HA 1988), only an individual(s) can hold an assured tenancy (AT) and accordingly an assured shorthold tenancy...

27th Apr

Q&As

What is the status of an executed but undated lease? The parties have treated the lease as valid for a number of years. How can the landlord terminate the arrangement?

In this Q&A, we refer to the same lease throughout.Once a deed has been executed, the general rule is the executed deed will take effect against that...

27th Apr

Q&As

If a right to occupy property has only been created orally, not in writing, can it still constitute a lease?

Rights of occupationThe Law of Property Act 1925 (LPA 1925) makes certain provision in relation to conveyancing and property law in England and...

Produced in partnership with Alexander Campbell of Field Court Chambers 27th Apr

Q&As

Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr

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Residential tenancies

View Property Disputes by content type:

Latest Property Disputes News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

Rights of light claims

Trespass—claims and defences

Statutory compensation under the Landlord and Tenant Act 1954

Trespass—remedies

Most recent Residential tenancies content

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