Residential tenancies

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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
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...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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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
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
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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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
Practice notes
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...
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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
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
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to 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
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Practice notes
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...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Residential tenancies content

Practice notes
IntroductionThis Practice Note looks at when deeds are required in property transactions, how deeds are validly executed by individuals in accordance...
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9th Apr
Practice notes
Through shared ownership (SO) the purchaser buys a share of the property and pays rent on the remainder. Additional shares can be bought and the...
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Produced in partnership with Kevin Long of Hackney Community Law Centre 9th Apr
Practice notes
Coronavirus (COVID-19): The Ministry of Housing, Communities & Local Government, in collaboration with Public Health England, has produced...
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9th Apr
Practice notes
Enforcement of the HMO licensing regime is the responsibility of the LHA of the area in which the HMO is located. See Practice Notes: Houses in...
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9th Apr
Practice notes
This Practice Note covers various duties imposed on private sector landlords which are aimed at increasing safety standards in private sector...
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8th Apr
Practice notes
What is a flexible tenancy?Introduced by the Localism Act 2011 (LA 2011), flexible tenancies can be granted by a local authority (LA) where:•the...
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8th Apr
Practice notes
(Preliminary notices and the tenant’s notice of claim)Preliminary notices A tenant who wishes to acquire a new long lease of their flat is entitled to...
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8th Apr
Practice notes
Failure to file company accounts/annual returnsThis is an ever-present risk in relation to tenants’ management companies, which may frequently become...
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8th Apr
Practice notes
The Small Business, Enterprise and Employment Act 2015 (which received Royal Assent on 26 March 2015):•amends the Landlord and Tenant Act 1954 (LTA...
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8th Apr
Practice notes
Where a developer has reserved only a nominal ground rent under the flat leases and also has no wish to manage the development once all the flat...
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8th Apr
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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8th Apr
Practice notes
SubleasesSubleases suffer from the possibility of forfeiture of the headlease, which automatically results in forfeiture of any sublease. Unless the...
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8th Apr
Practice notes
STOP PRESS: The Housing and Planning Act 2016 received Royal Assent on 12 May 2016, although the provisions relating to recovering possession of...
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8th Apr
Practice notes
Estate agentsEstate Agents Act 1979The statutory definition of 'estate agency work' means that:•a person is regulated as an 'estate agent' under the...
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8th Apr
Practice notes
Buildings with three flatsAlthough the ‘criss-cross’ scheme is well-suited to buildings with just two flats, matters become more complicated if a...
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8th Apr
Practice notes
What is a criss-cross or crossover scheme?Under the traditional arrangement, a single-fronted, terraced house is divided into two flats, one above...
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8th Apr
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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8th Apr
Practice notes
For a local authority (LA) to obtain possession of a flexible tenancy before the end of the fixed term the tenancy must contain a forfeiture or...
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8th Apr
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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8th Apr
Practice notes
The Tenant Fees Act 2019 (TFA 2019), in force from 1 June 2019, prohibits landlords and letting agents from requiring tenants of certain residential...
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8th Apr

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