Licences and tenancies at will—residential focus

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Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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9th Nov
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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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
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...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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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
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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9th Nov
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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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
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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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
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Licences and tenancies at will—residential focus content

Practice notes
Form of covenantThe tenant’s ability to assign or underlet will depend on the form of covenant in the lease. It is important to properly analyse the...
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8th Apr
Practice notes
Pressure to secure a new letting often leads to the suggestion of early access on the basis of a licence or tenancy at will. The principal risk of...
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8th Apr
Practice notes
This Practice Note summarises the main offences and statutory provisions against unlawful eviction of certain tenants and licensees. For further...
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8th Apr
Practice notes
An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those...
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29th Mar
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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10th Mar
Precedents
DateParties1[insert name][of [insert address] OR incorporated in England and Wales with company registration number [insert company registration...
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12th Feb
Precedents
Date [date]Parties1[name of Licensor] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
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12th Feb
Precedents
Date [date]Parties1[name of Licensor] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
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12th Feb
Precedents
Date [date]Parties1[name of Licensor] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
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9th Feb
Q&As
Where a landlord (whether as freeholder or lessor) wishes to let or sublet a mixed use property comprising of both commercial and residential...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
Lease extensionsSection 39(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), gives a tenant, in specified...
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22nd Jan
Q&As
It is not uncommon for the terms of a long leasehold to include a covenant by the lessee to use the property only as a private dwelling house, or for...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
A lease for three years or less, provided that it is at a market rent, may be created orally. A lease for more than three years can only be made by...
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Produced in partnership with Mark O’Grady of Lamb Chambers 8th Jan
Q&As
Rights of occupationThe Law of Property Act 1925 (LPA 1925) makes certain provision in relation to conveyancing and property law in England and...
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Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan
Q&As
Tenancy at willA tenancy at will is a tenancy under which the tenant is in occupation of the subject premises, but which can be terminated at the will...
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Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan

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