Licences and tenancies at will—residential focus

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Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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9th Nov
Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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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
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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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
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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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 Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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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
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

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 29th Nov
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 29th Nov
Precedents
Date: [insert date of licence in its full format DD-Month-Year]Parties1[insert name of Licensor] [of [insert address] OR incorporated in England and...
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29th Nov
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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29th Nov
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 29th Nov
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 29th Nov
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 29th Nov
Practice notes
This Practice Note summarises the main offences and statutory provisions against unlawful eviction of certain tenants and licencees. For further...
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29th Nov
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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29th Nov
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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29th Nov
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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29th Nov
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 Nov
Precedents
DateParties1[insert name][of [insert address] OR incorporated in England and Wales with company registration number [insert company registration...
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29th Nov
Precedents
Date [insert date of licence in its full format DD-Month-Year]Parties1[insert name of Licensor] [of OR whose registered office is at] [insert...
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29th Nov
Precedents
Date: [insert date of licence]Parties1[insert name of Licensor] of [insert address] [incorporated in England and Wales with company registration...
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29th Nov

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