Leasehold enfranchisement

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Practice notes
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
Practice notes
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...
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9th Nov
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
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...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov
Precedents
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...
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9th Nov
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov

Most recent Leasehold enfranchisement content

Practice notes
A statutory lease extension may involve both a freeholder and one or more intermediate landlords. An index map search or a search through one of the...
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8th Apr
Practice notes
A tenant (individual or corporate body) who holds a long lease of a flat and owned it for a continuous period of two years may serve a notice (a...
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8th Apr
Practice notes
Compulsory acquisition of landlord's interestAn acquisition order under Part III of the Landlord and Tenant Act 1987 (LTA 1987), entitles certain long...
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8th Apr
Practice notes
A tenant who holds a long lease of a flat has a statutory right (subject to compliance with statutory qualifying criteria) to a 90–year extension of...
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8th Apr
Practice notes
Subject to various qualifying criteria, tenants who hold long leases of flats have a collective right under section 1 of the Leasehold Reform, Housing...
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8th Apr
Practice notes
The tenant of a house which is held under a long lease has the right to acquire the freehold or an extended lease of the house and premises under...
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8th Apr
Practice notes
The rightA tenant of a long leasehold house and any attendant premises (eg a garden, garage, yard etc) has a statutory right (subject to compliance...
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8th Apr
Practice notes
Time limits and delaysThe time limits for the various stages of the Landlord and Tenant Act 1987 (LTA 1987) procedures can seriously delay the...
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8th Apr
Practice notes
Mandatory and optional leasebacksThe nature of the collective right of enfranchisement is such that it may be exercised in relation to premises...
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8th Apr
Practice notes
The landlord's counter-notice — time-limit and contentTime limitThe landlord must serve its counter-notice (also known as a s 45 notice) by the date...
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8th Apr
Practice notes
Under Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), long leaseholders of flats in mainly residential buildings (subject to...
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8th Apr
Practice notes
A tenant of a long leasehold house and any attendant premises (eg a garden, garage, yard etc) who has owned the property for at least two years has a...
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8th Apr
Practice notes
Subject to various qualifying criteria, tenants who hold long leases of flats have a collective right under the Leasehold Reform, Housing and Urban...
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8th Apr
Practice notes
The landlord must serve their counter-notice by the date specified in the initial notice. The counter-notice must:•admit the participating tenants'...
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8th Apr
Practice notes
Where a landlord admits, or fails properly to dispute, the right of a qualifying tenant to acquire a new lease, the landlord is bound to grant, and...
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8th Apr
Practice notes
Under Commonhold and Leasehold Reform Act 2002, s 71 (CLRA 2002), tenants can claim the right to manage the premises which contain their flats. To...
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8th Apr
Practice notes
Need for binding contractAlthough the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) treats the reversioner and the nominee...
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8th Apr
Practice notes
Notice of tenant’s claimA tenant wishing to claim the freehold or an extended lease of their house under the Leasehold Reform Act 1967 (LRA 1967) must...
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8th Apr
Practice notes
The need for co-operationCollective enfranchisement involves strict time limits and requires all participating tenants to co-operate. Every...
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8th Apr
Practice notes
The RTM companyThe right to manage can only be acquired and subsequently exercised by a right to manage company (RTM company). This must be a private...
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8th Apr

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