Surrender

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Property Disputes weekly highlights—21 January 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—21 January 2021

Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

The following Corporate Crime news provides comprehensive and up to date legal information on Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

Reforms must continue after pandemic, UK courts chief says

The following Corporate Crime news provides comprehensive and up to date legal information on Reforms must continue after pandemic, UK courts chief says

Registrar’s reasons required—why isn’t that objection groundless? (R (on the application of Sensar) v Chief Land Registrar)

The following Property Disputes news provides comprehensive and up to date legal information on Registrar’s reasons required—why isn’t that objection groundless? (R (on the application of Sensar) v Chief Land Registrar)

Featured Property Disputes content

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...

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...

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....

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...

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

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

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

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

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

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

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

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

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

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

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

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

Trespass—remedies

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

9th Nov

In-house

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

Most recent Surrender content

Practice notes

Vacant possession strategy for redevelopment

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

Produced in partnership with Jill Carey of Freeths 15th Jan

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...

15th Jan

Practice notes

Accepting a surrender from an insolvent tenant

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...

15th Jan

Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...

15th Jan

Practice notes

LTA 1954—surrender of business tenancies

When LTA 1954 applies on surrender—agreements to surrenderUnder section 24 of the Landlord and Tenant Act 1954 (LTA 1954), if a lease is not...

8th Jan

Q&As

What is the legal position if a commercial tenant abandons the property? Can the landlord enter the premises and take possession forthwith?

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...

Produced in partnership with Helen Galley of XXIV Old Buildings 8th Jan

Q&As

A landlord accepts a surrender of a lease from its tenant. However, the parties have agreed that the tenant will continue to pay rent until the property is let. What is the effect of this arrangement? Does it mean that the lease remains in existence? Does it change the position if the tenant has remained in occupation?

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...

Produced in partnership with Sarah Finch of Hamlins 8th Jan

Q&As

Can a landlord enforce a clause in a lease which requires a tenant to repay any empty rates relief lost after the end of the term if the lease has been surrendered and the deed of surrender contains a full release of the tenant from all tenant covenants and any subsisting breach of them?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Would varying a mutual break clause in a lease by extending the break date equate to extending the term and, consequently, result in a surrender and re-grant?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

A landlord and tenant enter into a deed of surrender of a registered lease. The reversion is unregistered. If the deed of surrender is not registered at HM Land Registry, is the deed of surrender still legally effective? Or can the lease still be enforced against the tenant?

This exact point does not appear to have been decided, but the answer seems obviouse that the covenants should cease to be enforceable. This is...

Produced in partnership with Nic Taggart of Landmark Chambers 8th Jan

Q&As

Where a lease is to be extended in length and an updated agreed plan to be substituted for that in the existing lease (without affecting the demise), should this be documented as a surrender and regrant or can a simple lease variation be completed?

In some ways, the answer to the question posed depends upon whether:•the extension of the term of the lease is to take immediate effect between the...

Produced in partnership with Chris Snell of No 5 Chambers 8th Jan

Q&As

If a deed of surrender fails on a technicality, but the parties act as if a surrender has taken place and so there is a surrender by operation of law, would this supersede a break notice that takes effect on the same date? Or, if a deed of surrender has failed on a technicality, will the position fall to the break notice as opposed to a potential surrender by operation of law on the same day?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

A shop with a flat above is let to a business tenant who sublets the residential part and then moves out of the property three years ago. The residential tenant remains in occupation. The business tenant offers to surrender the lease which is refused. The landlord proceeds against the business tenant’s guarantor under an authorised guarantee agreement. Terms have been agreed as to arrears with the guarantor. The landlord has secured new tenants for the business part and wants to let the business premises by way of a new lease and the residential part by way of an assure shorthold tenancies directly with the residential tenant. Can the landlord now accept the previous offer to surrender the premises having refused it, or can the business tenant be deemed to have abandoned and surrendered the premises by law?

A tenancy can be terminated by surrender, whereby the tenant agrees with the landlord that his interest under the lease will be terminated by...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

A tenant has a lease of premises, has paid all rent under the lease until its expiry, is not in breach of the lease, but ceases occupying the premises. The landlord changes the locks and allows another into occupation of the premises. What remedy does the tenant have to seek recourse for the rent it has paid in advance?

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...

Produced in partnership with Carl Fain of Tanfield Chambers 8th Jan

Q&As

The contractual term of a commercial lease has ended and the tenancy is currently periodic. There are two joint tenants. One of the tenants proposes that the tenancy should be assigned by both joint tenants into the name of one of them. However, the second joint tenant is not cooperating with that proposal. Can the other joint tenant request that the landlord releases them from the tenancy?

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...

8th Jan

Q&As

Where a lease is varied by reducing the extent of the demised premises, does this amount to an implied surrender and regrant of the lease in the same way as a variation increasing the demise does?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Under a Rent Act tenancy, where the tenants have vacated the property and removed all items out of the property, is the handing back of keys to the landlord sufficient evidence to bring the tenancy to an end? Could the landlord subsequently enter the property and change the locks?

The acceptance of the key by the landlord is not necessarily evidence of a surrender, it depends why the key was accepted. If it is accepted merely...

Produced in partnership with Jeff Hardman of 12 New Square Chambers 8th Jan

Practice notes

Lease surrenders

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...

5th Jan

Q&As

Would the payment of an increased rent affect the continuation of a tenancy under section 24 of the Landlord and Tenant Act 1954?

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...

4th Jan

Precedents