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...
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...
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
What is merger?A lease terminates as a result of merger when both the lease and the reversion of that lease become vested in the same person—see Rye v...
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
What steps should a landlord consider when drafting a commercial or mixed-use lease in the light of the new CRAR procedure?What is CRAR?As of 6 April...
What can the tenant of a residential lease, which requires the landlord to set up a sinking fund/reserve fund, do if the landlord fails to use service...
Would a surrender by a tenant of specific rights in a lease to the owner of the freehold reversion (rather than to the tenant's immediate landlord who...
Where pursuant to the terms of a residential lease service charge is recoverable as ground rent in arrears, can a freeholder recover sums dating back...
Following a section 20 consultation for major works, what options does a landlord have to demand/recover funds? Is the landlord required to follow the...
Is the fact that an incoming assignee would not be able to offer a sufficient authorised guarantee agreement in the future due to its limited covenant...
In a lease of 207 car parking spaces, there is no restriction on the ability to sublet the whole or part. Service charge under the lease is split with...
Where a deed of variation to a registered lease alters the extent of the demise but makes no other changes to the lease, does it need to be registered...
Can a commercial tenant request that a landlord agrees to the assignment of a lease when the tenant has served a section 26 notice and the parties are...
If a freeholder agrees to allow a leaseholder to extend their demise, would the surrender and regrant facilitating this change be caught by the right...
In a lease assignment, how should the transaction between X and Y be documented? Would a deed of variation be required rather than a licence to assign...
Can a deed of variation extending the term of the original lease result in an implied surrender and regrant even if the deed of variation has not been...
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Scottish Law
