Security of tenure for business tenancies under the Landlord and Tenant Act 1954 is a key area for a property litigator. Get the research and tools to advise on how security arises and how it’s terminated, daily.
Guidance covers the procedural and practical considerations prior to and throughout the process of forfeiting a lease. We give detailed guidance, linking deeper commentary, forms, precedents and a wide range of Q&As.
Guidance to secure rights to install and retain equipment to provide electronic communications services. Code issues, in respect of granting and terminating agreements, frequently arise between landowners and operators.
Understand practice and procedures, the implications of legislation and case law. Our notes have direct links to relevant cases, legislation, guidance and commentary. Get daily news feeds and weekly highlights.
The Housing, Communities and Local Government (HCLG) Committee has initiated a new inquiry into housing conditions in England, with a particular focus...
The Ministry of Housing, Communities and Local Government (MHCLG) has launched a consultation to implement Part 4 of the Leasehold and Freehold Reform...
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision that a landlord should not have brought forfeiture...
The Ministry of Housing, Communities and Local Government (MHCLG) has launched a consultation on proposed reforms to the Decent Homes Standard (DHS),...
The Welsh Government has launched a consultation on a new rent and service charge standard for social housing in Wales. Announced by Cabinet Secretary...
Alterations—specific consent overrides tenant covenants in leaseParties must deal expressly in a licence for alterations with any inconsistency...
Houses in multiple occupation (HMOs)—licensing regimeMandatory licensingPart 2 of the Housing Act 2004 (HA 2004) places a duty on a local housing...
Trespassers—possession proceedingsThis Practice Note covers the procedure to recover possession from trespassers who entered premises as trespassers...
Unpaid vendor’s lienAn unpaid vendor’s lien operates as a type of equitable charge giving the vendor security in equity for payment of the agreed...
Overreaching by a mortgageeOverreaching is a statutory mechanism available to a mortgagee (among others) to confer title on the buyer free from...
Rent review memorandum—commercial leaseRent review memorandumLandlord•[full name of Landlord] [of OR incorporated in England and Wales with company...
Early access licenceDate [date]Parties1[name of Licensor] [of OR incorporated in England and Wales (company registration number [number]) whose...
Tenant’s s 42 notice to acquire new lease—flat lease extension (LRHUDA 1993)Tenant's notice of claim under section 42 of the Leasehold Reform, Housing...
Statutory declaration — adverse possession pre-Land Registration Act 2002I, [name], of [address], do solemnly and sincerely declare that:1As the...
Acknowledgement of Line of Junction Notice—New wall astride the boundaryTo [Insert name of building owner] (‘Building Owner’)Of [insert Building...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Remedies for breach of restrictive covenantsThis Practice Note explains when damages for breach of restrictive covenants might be awarded in lieu of...
Notice to completeThis Practice Note covers what ready, willing and able means and the consequences of serving an invalid notice. A party who is...
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—substantial interference...
Periodic tenanciesThis Practice Note sets out the nature of a periodic tenancy and the procedure and notice periods for terminating such a tenancy. It...
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
Quick guide to benefit and burden of covenants on assignmentThe Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted...
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
Trespass—remediesThis Practice Note covers the remedies available to landowners who find their property has been unlawfully occupied by a trespasser...
Return or forfeiture of a depositA buyer's right to the return of a deposit and the seller's right to forfeit the deposit in relation to a property...
Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
Rectification—unilateral mistakeThis Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake,...
Quick guide to tenant remedies for landlord’s breach of leaseThis Practice Note gives brief details of the main remedies available to tenants to deal...
The grounds set out in LTA 1954, s 30(1) upon which a landlord may seek to oppose the grant of a new business tenancy to a tenant.
A notice served pursuant to section 146 of the Law of Property Act 1925, which is a required precursor to forfeiture in respect of breaches other than non-payment of rent.
Section 18 of the Landlord and Tenant Act 1927. This operates as a statutory cap on the amount of damages which a landlord can recover from a tenant at the end of a lease term in respect of dilapidations.