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...
Accepting a surrender can be the quickest way for a landlord to regain possession of the premises from an insolvent tenant. It circumvents the extra...
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
We have assumed in this case that the tenant has abandoned the premises by vacating it and has not paid the rent and/or service charge due under the...
This Q&A is based on the scenario where a landlord accepts a surrender of a lease from its tenant but continues to accept rent until the property is...
A lease is a contract between parties which provides for rights and obligations arising out of the occupation by the tenant of property owned by the...
A lease is a contact made between the landlord and the tenant, and, as with any contract, its terms can be varied by agreement. Such variations should...
The effect of a surrender of lease is that the term is extinguished by absorption into the reversionary interest and thus, ceases to exist. Ordinarily...
For the purposes of this Q&A, it has been assumed that this is a fixed-term lease and not an assured shorthold tenancy.The tenant is not entitled to...
A surrender of a lease granted to two or more joint tenants is only effective if all joint tenants are parties to the surrender. This applies to both...
By operation of law, certain variations to the terms of a lease by way of a deed of variation can amount to a surrender and regrant of the lease, even...
What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to any lease where the demised premises are occupied by the tenant for the purposes of...