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Hotel’s liability for risky activity of guest under the Occupiers’ Liability Act 1957 (The White Lion Hotel v James)

The following Property Disputes news provides comprehensive and up to date legal information on Hotel’s liability for risky activity of guest under the Occupiers’ Liability Act 1957 (The White Lion Hotel v James)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Budget 2018—what does it mean for infrastructure and housebuilding?

The following Construction news provides comprehensive and up to date legal information on Budget 2018—what does it mean for infrastructure and housebuilding?

Harvesting the sun—closing down a solar farm

The following Energy news provides comprehensive and up to date legal information on Harvesting the sun—closing down a solar farm

Featured Property content

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...

Constructive trusts

Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

Practice notes

Benevolent funds

A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...

9th Nov

Practice notes

Underletting at less than the passing or market rent

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...

9th Nov

Practice notes

Rent deposit deeds—common structures

What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...

9th Nov

Practice notes

Tacit relocation in commercial leases in Scotland

In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...

Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan

Scottish Law

Practice notes

Derogation from grant and the covenant for quiet enjoyment

The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...

9th Nov

Practice notes

Implied easements—common law

There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...

9th Nov

Precedents

Deed of grant of easements

This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...

9th Nov

Practice notes

Letter/certificate of non-crystallisation in property transactions

What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...

9th Nov

Q&As

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the position in respect of mortgages both of the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 12th Jan

Precedents

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...

9th Nov

Practice notes

Insolvency—fixed charge receivership

Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...

9th Nov

Practice notes

Completion monies—the SCPCs

How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...

9th Nov

Precedents

Rent Review Memorandum

Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...

9th Nov

Precedents

Disclosable overriding interests questionnaire

You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...

9th Nov

Practice notes

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...

9th Nov

Precedents

Landlord’s Section 45 Counter—notice to Tenant s 42 Notice

Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...

9th Nov

Most recent Leasing property content

Q&As

If a person has the benefit of an easement within a freehold title, what prevents them from granting the benefit of that right in a lease?

You have asked: If a person has the benefit of an easement within a freehold title, what prevents them from granting the benefit of that right in a...

28th Jan

Q&As

Does section 82 of the Coronavirus Act 2020 (the ban on business tenants being evicted) apply to tenancies at will and expired leases which have contracted out of the Landlord and Tenant Act 1954?

Tenancies at willSection 82 of the Coronavirus Act 2020 (CA 2020) applies to ‘relevant business tenancies’ which are defined at CA 2020, s 82(12) as...

27th Jan

Q&As

Where a purchaser requires the freehold reversion to a partially complete residential development following the expiration of the relevant period in duly served notices under section 5 of the Landlord and Tenant Act 1987 (LTA 1987), does the purchaser serving notices under LTA 1987, s 3 and section 48 of the Landlord and Tenant Act 1985 also need to notify tenants of their rights pursuant to LTA 1987, s 3A and the date of the disposal to the purchaser?

The right of first refusalSection 1 of the Landlord and Tenant Act 1987 (LTA 1987) provides that a landlord may not make a relevant disposal affecting...

26th Jan

Practice notes

The right to manage

Under Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), long leaseholders of flats in mainly residential buildings (subject to...

26th Jan

Q&As

What are consequences for not serving the management company with a section 42 Notice?

To claim an extended lease of their flat, the tenant must serve a tenant's notice of claim on the competent landlord or any intermediate landlord, and...

25th Jan

Q&As

After the expiry of a contracted out two-year lease, can a short term tenancy be granted without giving the tenant security of tenure?

Under section 43(3) of the Landlord and Tenant Act 1954 (LTA 1954), the security of tenure provisions for commercial tenancies under LTA 1954, Pt II...

25th Jan

Q&As

When qualifying tenants wish to purchase the freehold which has been to auction, when must the deposit be paid? Will this be immediately on adopting the agreement? The right of first refusal process has been followed to date.

Where the landlord is obliged to proceed, and the offer notice was one relating to a sale by auction, the following procedure applies:•the nominated...

22nd Jan

Q&As

Can a landlord forfeit a lease by peaceable re-entry if the tenant is bankrupt, vacated the premises some time ago, and has substantial rent arrears (the lease allows for forfeiture if the tenant is bankrupt)? What are the risks of the landlord doing this? Also, does liability under an authorised guarantee agreement (AGA) cease on surrender of the lease (express or implied) or forfeiture for bankruptcy, or does this come down to the wording used in the AGA?

A tenant who fails to pay the rent will ordinarily find that the landlord forfeits the lease as a result, assuming there is a clause in the lease...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

Can an individual who is tenant of both the two flats in a building exercise the right to enfranchise to purchase the freehold?

Tenants who meet the criteria set out in Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) can require the landlord to sell the...

22nd Jan

Q&As

Where a lease granted for a term of 10 years is not registered at HM Land Registry, does this create an equitable tenancy? If so, does this tenancy attract security of tenure under the Landlord and Tenant Act 1954?

Since 13 October 2003, subject to certain exceptions, it has become compulsory to register the grant of a lease for a term of seven years or more out...

22nd Jan

Q&As

If a freehold to a house, has been converted into three flats and the freeholder wishes to transfer the freehold title to one of the leaseholders for nil consideration, if the other two flat owners have agreed to this arrangement and as such the freehold is not being offered either by auction or on the open market for sale, must the freeholder serve formal notices under s 5 of LTA 1987 to all leaseholders before the transaction can proceed?

Section 1 of the Landlord and Tenant Act 1987 (LTA 1987) provides that:'...a landlord shall not make a relevant disposal affecting any premises to...

Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan

Q&As

Do you have a precedent transfer (TR1) in the context of a collective enfranchisement claim?

PSL Practice Note: Exercising the collective right to enfranchise—contract, conveyance and payment sets out the statutory requirements in respect of...

22nd Jan

Q&As

Where a freehold is vested in X and Y, can X and Y grant a lease to X, Y and Z?

Section 82(1) of the Law of Property Act 1925 (LPA 1925) does not allow a person to covenant with himself but only with himself and others. As to the...

22nd Jan

Q&As

Where a business tenancy protected by the Landlord and Tenant Act 1954 for a fixed term expires on 28 August and the rent is expressed as a yearly figure payable quarterly on the usual quarter days, what is the first date upon which a section 25 notice can expire?

Under section 25 of the Landlord and Tenant Act 1954 (LTA 1954) a landlord may terminate a tenancy to which the LTA 1954 applies by giving a notice to...

Produced in partnership with Camilla Lamont of Landmark Chambers 22nd Jan

Q&As

In a notice to collectively enfranchise under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, what information needs to be given in relation to the extent of the property to be acquired (eg roof space and gardens) and the rights to be granted?

Section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) is concerned with the giving of notice by qualifying tenants...

Produced in partnership with Chris Snell of No 5 Chambers 22nd Jan

Q&As

Following United Scientific Holdings Ltd v Burnley Borough Council; Cheapside Land Development Co Ltd v Messels Service Co where a commercial lease states that time is not of the essence but the rent review date is the same as a tenant break date, will this in effect make time of the essence requiring that the landlord trigger the rent review before the break date?

The starting point is that in the United Scientific Holdings Ltd v Burnley Borough Council; Cheapside Land Development Co Ltd v Messels Service Co,...

22nd Jan

Q&As

Can a long leaseholder who is also co-owner of the freehold extend their lease under the Leasehold Reform, Housing and Urban Development Act 1993?

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) grants leaseholders, amongst other things, the right to add a 90-year term...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure in respect of business tenancies that fall within its provisions....

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

In respect of a collective enfranchisement notice: if the notice accurately describes the property, but refers to a plan that is not annexed to the notice, is the claim invalidated or will it be saved by the description of the property? And the notice does not refer to appurtenant property, areas that the tenant is entitled to use in common with others (eg communal hallways, a shared front garden, etc) or the loft space (which is not included within the lease demises). Can these areas be excluded from the freehold sale?

The initial section 13 collective enfranchisement notice (section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993))...

22nd Jan

Q&As