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,

The answer on the contractual provisions in the tenancy agreement. Here it appears that consent needs to be obtained prior to the tenant carrying out the works. If this is the case, there is no ability for the tenant to force a landlord to provide retrospective consent to alterations, unless the landlord wishes to agree to the same. In the event that the landlord is wishing to provide retrospective consent to alterations, it will specify the terms upon which it wishes to do so. In the event that the landlord imposes onerous terms, it will be

It is frequently the case that commercial leases will prohibit the tenant from making alterations or improvements to the demised premises without the consent of the landlord. Further, it is ordinarily the case that tenants are obliged to return the premises at the end of the term in the same state as they took them. Therefore, where consent to alterations is granted, reinstatement will usually be a pre-condition. The Landlord and Tenant Act 1927 (LTA 1927) contains various provisions relating to improvements. LTA 1927, ss 1–3 give the right to a tenant who has made improvements to compensation at the end of

If the landlord and tenant agree to vary the existing lease (which seems to be what is proposed in the licence to alter) by increasing the demise then it will be deemed to be a surrender and regrant of the lease automatically. There are a number of consequences of this as described in our Practice Note: Lease variations—surrender and re-grant issues. The parties could separately agree to have an actual deed of surrender

This Q&A raises the issue of the remedies which a landlord may pursue when a tenant breaches the covenants of a lease and the time limits within which it must be done. In this Q&A it is assumed that the lease is of commercial premises. This is because when the lease is of residential premises further hurdles must be met by the landlord before the right to forfeit the lease can be exercised. This point is returned to below. Most long leases of premises contain a covenant not to make alterations to the demised premises. This is understandable. A landlord might wish to ensure the structural integrity of other parts of the building which it owns or holds under a lease with liabilities to a superior landlord. The landlord might want to prevent a tenant making changes which although

It is open to the parties to vary the terms of a lease by entering into a deed of variation. It is common for such variations to take place to update the terms of a lease. An unwitting trap, however, arises where parties purport by a deed of variation to increase the extent of the demise or the term. By operation of law, certain variations to the terms of a lease by way of a deed of variation will amount to a surrender and regrant of the lease, even if this is not what the parties in fact intended. The

Where a tenant company enters into a company voluntary arrangement (CVA), there are a number of restrictions upon the ability of the landlord to obtain possession. This includes the prohibition of forfeiture by peaceable re-entry, save with the consent of the administrator or permission of the court. Permission is also required to forfeit by proceedings (section 130(2) of the Insolvency Act 1986). See Practice Note: Property law aspects of Company Voluntary Arrangements (CVAs) for further information. A CVA does not result from a court

The tenant is required to provide vacant possession on the break date and have paid rent and all sums due. Break conditions are construed strictly and so if the tenant fails to provide vacant possession on the break date (remaining to carry out the dilapidation works) then the landlord is likely to be able to

For the purposes of the Civil Procedure Rules, an additional claim is treated as if it were a claim: CPR 20.3. A counterclaim is an additional claim within the meaning of CPR 20.2(2)(a). The period for filing a defence to counterclaim is therefore usually 14 days after service of the counterclaim: CPR 15.4(1)(a). This period cannot be extended by filing an acknowledgment of service: CPR 20.4(3). A reply to a defence is optional. The usual rule is that, if a reply is filed, it must be filed with