Where a lease contains a tenant’s option to purchase the reversion, normally the contract for that sale and purchase will be set out in the lease itself. See Precedent:

A waiver of the right to forfeit a lease will arise when a landlord, with knowledge of the tenant's breach, communicates to the tenant an unequivocal recognition of the continuing existence of the lease: Matthews v Smallwood. Acts that have been held to give rise to a waiver include

The question raises the effect of a failure on the part of a tenant to commence proceedings for a new tenancy, or to agree on an extension of the notice deadline (the statutory period) in writing under section 29B of the Landlord and Tenant Act 1954 (LTA 1954) or to agree on a new tenancy before the expiry of a notice served under LTA 1954, s 25. LTA 1954, Pt II grants security of tenure to business tenants unless its provisions are contracted out. This means that a tenancy which has protection under LTA 1954 cannot come to an end by an effluxion of time but will continue as a statutory tenancy unless brought to an end in accordance with the terms of LTA 1954

Creation of easement Easements can arise by statute, express grant, implication or prescription. See Commentary: Methods of creation: Encyclopaedia of Forms and Precedents [2050]. If the tenant granted the easement then it will have arisen by express grant, and prescription is unlikely therefore to be relevant. Furthermore, all types of prescription require use without permission. Where permission is given by the tenant eventhough it was in breach, Commentary: Introduction: Encyclopaedia of Forms and Precedents [2100] may be useful to consider. For more information regarding legal and equitable easements, registration requirements, and the extent to which they bind purchasers, see Checklist: Checklist for the creation and registration of easements. Consideration should be given to the terms of the easement

With regards to the renewal lease, where a landlord and tenant cannot reach agreement as to the terms of a renewal lease, either party can apply to the court for a determination of the terms under section 24(1) of the Landlord and Tenant Act 1954 (LTA 1954). LTA 1954, ss 32–35 then set out the basis upon which the court will determine the terms of the new lease. Under

Where the subtenancies have been validly excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954), those tenancies will come to an end on the contractual expiry date and the subtenants will only be entitled to remain in occupation if a new tenancy is granted. If the head tenant wishes to recover possession of these parts of the property which have been sublet, it should ensure that no rent is demanded

For the purposes of this Q&A, it has been assumed that this is a fixed-term lease and not an assured shorthold tenancy. The tenant is not entitled to be reimbursed rent paid in advance. Even if this set of circumstances could amount to a surrender of the lease, the tenant

Where a residential property is occupied, a landlord may only take steps to recover possession by issuing and serving forfeiture proceedings, rather than peaceably re-entering the property. Peaceably re-entering an occupied residential property would constitute a criminal offence pursuant to section 2 of the Protection from Eviction Act 1977. See Practice Note: Protection from eviction and protection from harassment. A landlord cannot forfeit a long residential lease for non-payment of rent, unless they have first sent the tenant a notice requiring payment of the outstanding rent. The notice must be in the prescribed

Parties to a commercial lease who wish to renew or extend the term may choose to enter into a lease in advance, taking effect in possession at the expiry of the original lease, so as to extend the period of the tenant's occupation. See Practice Note: Reversionary leases. Short term business tenancies are excluded from the security of tenure granted

It is assumed that although the formalities for a deed were not satisfied, the lease is a written contract, contains all the key terms and is signed by the parties. So satisfies the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 and is not void. Is it an equitable lease? Generally, a lease must be made by deed to take effect in law unless it: • takes effect in possession • is for a term of three years or less, and • is at the best rent

For the purpose of this Q&A we have assumed that: • the enclosed land is not tenanted • the demised land of the tenant is registered • the lease has more than seven years left to run • the land is very close to the demised premises occupied by the tenant together with the demised land • no

As set out in Practice Note: Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls, the crucial point with regards to contracting out of the security of tenure provisions of the Landlord and Tenant Act 1954 is that the notice must be served before the tenant enters into the tenancy or becomes contractually bound to do so. Merely specifying a term commencement date which is earlier than the date of the tenancy does not mean that the tenant became contractually bound on that earlier date. However, with regards to occupation without a formal agreement,