Residential tenancies

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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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19th May
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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19th May
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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19th May
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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19th May
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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19th May
Precedents
Date [insert date of deed]Parties1[Insert name] of [insert address] (Landlord)2[Insert name] of [insert address] (Tenant)3[Insert name] of [insert...
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19th May
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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19th May
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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19th May
Practice notes
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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19th May
Practice notes
Registrable restrictive covenantsRestrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless:•entered into before...
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19th May
Practice notes
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...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
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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19th May
Practice notes
ARCHIVED: The third edition of the Royal Institution of Chartered Surveyors (RICS) Code of Practice ‘Service charges in commercial property’ (and all...
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19th May
Practice notes
Merger may determine a lease when both the lease and the reversion on that lease become vested in the same person and that person holds both interests...
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19th May
Practice notes
The role of a real estate lawyer in real estate finance transactionsIn both investment and development real estate finance transactions (REF...
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Produced in partnership with Kelly Myles 19th May
Precedents
Special conditionsNote: words in capitals and/or bold have special meanings that are defined in the Glossary. Words that are neither in square...
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19th May

Most recent Residential tenancies content

Practice notes
Landlords' duties—smoke alarms, carbon monoxide detectors, gas and electrical safetyThis Practice Note covers various duties imposed on private sector...
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3rd Aug
Practice notes
Assured and assured shorthold tenancies—grantingCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure...
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2nd Aug
Practice notes
Assured and assured shorthold tenancies—terminatingCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...
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2nd Aug
Practice notes
Housing and Planning Act 2016—rogue landlords and property agentsPart 2 of the Housing and Planning Act 2016 (HPA 2016) implements various measures to...
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2nd Aug
Q&As
A tenant of an AST has had to self-isolate for coronavirus (COVID-19) reasons. Can their landlord charge them for a professional deep clean at the end...
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Produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers 2nd Aug
Q&As
Where a landlord granted an assured shorthold tenancy for a fixed term which has expired and the tenancy has continued, which form of a section 21...
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Produced in partnership with Helen Galley of XXIV Old Buildings 1st Aug
Q&As
Is a private mortgage registered as a first legal charge with the contemporaneous purchase of a right to buy property caught by the exceptions under...
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1st Aug
Q&As
In terms of housing disrepair, what constitutes a 'reasonable' period for the landlord to carry out remedial works, in particular works relating to...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 1st Aug
Q&As
If an AST is not executed correctly (neither of the tenants signatures have been witnessed and the landlord has not signed at all) does this create a...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 1st Aug
Q&As
Where an assured shorthold tenancy is in the name of two tenants, but one tenant passes away, does the landlord still have to serve a section 21...
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1st Aug
Q&As
Can an application be made to court for permission for the claimant's address to be left blank on an accelerated possession claim where the claimant...
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1st Aug
Q&As
Where the legal title of the landlord is shared by two co-owners, can the tenant enter into a valid new tenancy with just one of the co-owners, and...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
Is it correct that the Coronavirus Act 2020 does not affect the notice period required for a common law tenancy eviction and therefore the minimum...
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1st Aug
Q&As
A landlord granted a 12-month fixed term assured shorthold tenancy and served a section 21(4)(a) notice during the fixed term. Was that notice valid...
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Produced in partnership with Desmond Kilcoyne 1st Aug

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