If the competent landlord fails to respond to a section 42 notice in time, or at all, then the intermediate landlord will have a claim against the competent landlord for breach of its statutory duty to exercise reasonable care under section 40(2) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) and LRHUDA 1993, Sch 1 Pt I, para 6(4). Before

Section 57(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides that the terms of the new lease must be granted in accordance with LRHUDA 1993, s 56(1) as to rent (peppercorn) and duration (90 years after term date of existing lease), and otherwise as per the terms of the existing lease subject to certain specified modifications as appropriate. LRHUDA 1993, s 57(6) provides that LRHUDA 1993, s 57(1) does not preclude the landlord and tenant, in certain specified circumstances, from agreeing terms for the new lease which are not in accordance with the existing lease. However, this

The position will turn on the validity of the first notice. There can only be one valid notice seeking a lease extension under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) (see LRHUDA 1993, s 42(6)). Therefore, if the first notice was valid, the second cannot be. The validity of the first notice will turn on the effect of the error. As explained in Practice Note: Guide to lease extensions of flats under

We are not aware of any authority in respect of extending the time limit specified in a tenant’s section 42 notice for service of the landlord’s section 45 counter-notice. Section 45 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides that: ‘The landlord shall give a counter-notice under this section to the tenant by the date specified in the tenant's notice in pursuance of section 42(3)(f)’. LRHUDA 1993, s 42(3)(f) provides that the tenant’s section 42 notice must: ‘specify the date by which the landlord must respond to the notice by giving a counter-notice under section 45’ and under section 42(5) that must be a date falling not less than two months after the date of the giving of the notice. If the landlord fails to serve a counter-notice by the date specified in the section 42 notice,

Part I of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when he proposes to dispose of it, and to nominate a person or persons to purchase the interest on their behalf. The right is framed in negative terms, prohibiting the landlord from making a relevant disposal without first serving a notice on the qualifying tenants and requiring that the disposal is made in accordance with the statutory requirements. LTA 1987, s 5D(4) and (5) provide that in relation

What is a section 8 notice? A notice served under section 8 of the Housing Act 1988 (HA 1988) is served against an Assured or Assured Shorthold Tenancy prior to the landlord seeking possession by way of a court order. There are certain prescribed grounds for possession which are set out in HA 1988, Sch 2. The section 8 notice must specify which of those specified grounds the landlord intends to rely on, and the ways in which the landlord alleges that the grounds have been made out. The section 8 notice is a ‘Notice of Seeking Possession’ rather than a ‘Notice to Quit’. That is to say, at the expiry of the notice, the tenancy does not come to an end. Only the court has the power to bring the tenancy to an end by way of an order for possession. The power to dispense with a section 8 notice It

Section 83 of the Public Health Act 1936 (PHA 1936) provides that where a local authority (upon consideration of a report from any of its officers or other information in its possession), is satisfied that any premises are in such a filthy or unwholesome condition as to be prejudicial to health or are verminous, the local authority must give notice to the owner/occupier of the premises requiring them to take such steps as may be specified in the notice to remedy the condition of the premises by cleansing and disinfecting them. PHA 1936, s 83(1A) also provides that the notice may require among other things for the removal of wallpaper or other covering of the walls, or,

Where a secure tenant ceases to occupy a property as their only or principal home, security is lost and cannot be regained by the re-occupation of the property (section 93(2) of the Housing Act 1985 (HA 1985)). Where security of tenure is lost, due to a parting of possession or subletting, security of tenure can never be regained. It is for the landlord to prove that the tenant has so lost security, see Hussey v Camden LBC (1995) 27 HLR 5, CA (not reported by LexisNexis®). If security is lost, the tenancy becomes a contractual tenancy and can be terminated

Schedule 2A to the Finance Act 2003 (FA 2003) introduced the concept of 'pre-completion transactions' (PCTs). FA 2003, Sch 2A replaced FA 2003, s 45. FA 2003, Sch 2A is a lengthy piece of legislation with complex and elaborate anti-avoidance provisions. HMRC released guidance on the application of the provisions in July 2013 which includes numerous examples of how the PCT are designed to apply in practice. This guidance

Failure to complete contract for the sale of land Time is generally not of the essence for completion of a contract for the sale of land. If the seller or the buyer delays completion, the defaulting party will be liable in damages (and for compensation under the Standard Conditions) but cannot rescind until time is made of the essence of the contract. It is for the party who is ready, willing and able to complete to make time of the essence by serving a notice to complete. If a valid notice to complete has been served and completion does not take place by the deadline (usually ten working days after the notice is given, excluding the day on which the notice was given) the defaulting party's breach can be accepted and the contract rescinded. Specific performance may be available where

A contractual right of pre-emption requires the landowner, should they decide to sell, to offer it to the holder of the right of pre-emption for a price which is either specified in the pre-emption agreement or is to be ascertained by a market valuation or by reference to a formula. In some cases, the holder of the right of pre-emption is simply entitled to be told of the landowner's wish to sell, following which the holder of the right of pre-emption has an opportunity to make an offer that may be accepted or rejected by the landowner. There is doubt whether a right of pre-emption is a 'contract for the sale or other disposition of an interest in land' for the purposes of section 2 of the Law of Property (Miscellaneous

This Q&A assumes that the company is in creditors' voluntary liquidation. A liquidator's powers in a creditors' voluntary winding-up are set out in sections 165–166 of, and Schedule 4 to, the Insolvency Act 1986 (IA 1986). These powers are wide and include in particular: • the power to compromise, on such terms as may be agreed, debts and liabilities capable of resulting in debts • the power to carry