There is no requirement that the donees to a gift need to execute the deed of gift. As a result, prima facie the gift will be effective and will vest the beneficial interest in the lease in the four donees despite it being executed or signed by the donors and only two of the donees. The legal interest in the lease is a different issue. The transfer of a 999 year lease or any lease in excess of seven years is required to be registered

A mortgagee in possession has a number of potentially onerous liabilities. One of these is the obligation, where the mortgaged property is a ‘new’ lease for the purpose of the Landlord and Tenant (Covenants)

The general starting point is that a landlord cannot recover the cost of items which are not clearly included in the lease and which are of no benefit to the tenants. As a matter of law, the costs of legal proceedings are only recoverable via the service charge if the wording of the lease allows it. It will therefore depend upon the interpretation of the relevant lease as to whether the cost of legal advice as to a potential breach of covenant by a tenant is included. In addition, statute limits the amount that may be recovered

Owners are not obliged to appoint the same surveyor if a new notice under the Party Wall etc Act 1996 (PWA 1996) is served. The original notice (whether served under PWA 1996,

Section 283 of the Insolvency Act 1986 (IA 1986) provides, in broad terms, that all property owned by the bankrupt—or in which the bankrupt had an interest—as at the date the bankruptcy order was made comprises the bankruptcy estate, and will vest in the trustee in bankruptcy (trustee) under IA 1986, s 306 immediately and automatically on their appointment, and will remain so vested until it is dealt with by the trustee (usually by way of a sale)—see Practice Note: What assets vest in the trustee in bankruptcy and what steps does the official receiver or trustee in bankruptcy need to take? Where

Part II of the Landlord and Tenant Act 1954 (LTA 1954) will apply if the following conditions are satisfied: • there must be a tenancy • the property demised by the tenancy must include premises occupied by the tenant • the occupation must be for the purposes of a business • the business must be carried on by the tenant • the tenancy must not fall within any of the specific exclusions provided

Resident landlord A landlord who lets part of his home to a tenant is a ‘resident landlord'. This type of tenancy, subject to various conditions, is outside the protection of Housing Act 1988 (HA 1988) (see Practice Note: Assured and assured shorthold tenancies—terminating under the heading ‘Exceptions to AT status’ and HA 1988, Sch 1 Pt I (para 10)) as the intention is to give a resident landlord stronger rights than the average landlord letting under an assured tenancy. The tenancy operates under common law rules and cannot be assured or AST. This rule normally applies to converted houses (including those divided up into flats). The landlord does not need to share any accommodation with the occupier to qualify for resident landlord status. It is enough that both landlord and tenant live in the same building. For further guidance, see: Residential tenancies—overview

Resident landlord A landlord who lets part of his home to a tenant is a ‘resident landlord'. This type of tenancy, subject to various conditions, is outside the protection of the Housing Act 1988 (HA 1988) (see Practice Note: Assured and assured shorthold tenancies—terminating and HA 1988, Sch 1, Pt I, para 10) as the intention is to give a resident landlord stronger rights than the average landlord letting under an assured tenancy (AT). The tenancy operates under common law rules and cannot be assured or assured shorthold tenancy (AST). This rule normally applies to converted houses (including those divided up into flats). The landlord does not need to share any accommodation with the occupier to qualify for resident landlord status. It is enough that both landlord and tenant live in the same building. For further guidance, see: Residential tenancies—overview

We have assumed that the property is in England. A letting of residential property to a corporate tenant is likely to be a common law tenancy. A corporate tenant cannot be an assured tenant and the tenancy is unlikely to have the security of tenure of the Landlord and Tenant Act 1954 as, in this scenario, the company will not be in occupation. See Practice Note: Residential tenancies granted to companies. The subletting is likely to create an assured shorthold tenancy (AST), assuming that the

The Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 updated the regulatory requirements relating to energy performance certificates (EPCs) for rented properties. These requirements were further amended by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962. From 1 April 2018, any property rented in the private rented sector (subject to limited exceptions) must have a minimum energy performance rating of E. This applies to all new lets and renewals or extensions of existing tenancies, the commencement of a statutory periodic tenancy or a tenancy arising by succession from that date. From 1 April 2020, the regime will apply to all existing tenancies. It will be an offence

Under section 214 of the Housing Act 2004 (HA 2004), where a tenancy deposit was paid in connection with a shorthold tenancy on or after 6 April 2007 the tenant may apply to court for certain orders. The right to apply arises if (among other circumstances) either the initial requirements of an authorised deposit scheme were not complied with within 30 days of receipt, or if the tenant was not given prescribed information. If the tenant makes out the grounds for the application, the court must order the person holding the deposit to repay it to the tenant (or into an authorised scheme) and to pay a sum

It is sometimes the case that a party in family proceedings will wish to keep their address confidential. This will often arise where there has been domestic violence and one party has left the family home. There may be other reasons why a party does not wish the other party to know their address. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.1 deals with this situation. FPR 2010, SI 2010/2955, 29.1(1) provides that a party is not required to reveal, among other things, their home address or other contact details, unless the court directs otherwise. Where a party does not wish to reveal those details, FPR