Common law tenancies

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Precedents
To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...
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19th May
Q&As
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...
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Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May
Precedents
To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...
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19th May
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Q&As
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...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Practice notes
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...
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19th May
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Q&As
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...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
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...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May

Most recent Common law tenancies content

Practice notes
A summary of types of private residential tenanciesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...
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21st Jun
Practice notes
Residential tenancies granted to companiesThis Practice Note considers the potential status of a residential tenancy granted to a company and the...
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14th Jun
Practice notes
Vacant possession strategy for redevelopmentCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in...
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Produced in partnership with Jill Carey of Freeths 11th Jun
Q&As
What is the procedure for terminating a ‘let’ of a storage container where no lease was put in place?Lets of residential accommodation are largely...
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Produced in partnership with Alexander Campbell of Field Court Chambers 6th Jun
Q&As
Which factors would suggest that the occupation of a residential property is by way of a tenancy rather than a licence?Case studyParty A, who owns and...
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Produced in partnership with Kate Andrews of Hamlins 6th Jun
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...
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6th Jun
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...
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6th Jun
Q&As
What is the procedure to recover possession against a licensee (no rent has been paid), eg under Part 55? Do they differ where the licensee is a...
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6th Jun
Q&As
Is it correct that the Coronavirus Act 2020 does not affect the notice period required for a common law tenancy eviction and therefore the minimum...
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6th Jun
Q&As
If a landlord takes a deposit of more than five weeks’ rent in relation to a tenancy granted in June 2019, what is the effect on the landlord?The...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As
What form of notice (if any) needs to be served on a corporate tenant with a fixed-term residential tenancy before the landlord can take possession...
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6th Jun

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