A breach of a covenant in a lease is either capable of remedy or not, depending on its nature. Some breaches are seen as continuing breaches and others are once and for all breaches. Commentary suggests that a covenant that requires an act to be performed by a particular date or within a reasonable period of time or where the covenant prohibits one or more matters and the particular breach cannot fairly be described as an activity will be a once

A new lease will take effect as a surrender of the old lease by operation of law. There is nothing in Part II of the Landlord and Tenant Act 1954 (LTA 1954) that prevents a surrender by operation of law. LTA 1954, s 38 does not prevent a

In this Q&A it has been assumed that the: • landlord’s warning notice was properly served • tenant’s statutory declaration was properly sworn (not merely signed) • lease is not, and is not required to be, registered Validity of the lease Under section 52 of the Law of Property Act 1925 (LPA 1925) all conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed. There are a number of exceptions in that section, including a lease for a term of less than three years. See Commentary: Leases which are not effective to create a legal

A tenancy at will is a precarious right to occupy land. It can arise by implication where the parties have not expressly agreed that there should be a grant of some other form of tenancy. Where parties are negotiating the terms of a proposed lease, and the prospective tenant is let into possession or permitted to remain in possession in advance of, and in anticipation of, terms being agreed, the fact that the parties have not yet agreed terms will be a factor to be taken into account in ascertaining their intention. It will often be a weighty factor. The parties cannot sensibly be taken to have agreed that the tenant shall have a periodic tenancy, with all the consequences flowing from that, at a time when they are

It is assumed for the purpose of this query that the relevant lease is a long lease rather than an Assured Shorthold Tenancy, in respect of which the right to forfeit would not arise. It is further assumed that the tenancy is a commercial tenancy as rent deposits are unusual in respect of long residential leases. Section 146 of the Law of Property Act 1925 (LPA 1925) provides that a right of re-entry or forfeiture is not enforceable unless and until the lessor serves a notice on the lessee specifying the breach of a provision

The landlord has taken the precaution of requiring a guarantor to whom recourse might be had in the event that the tenant fails to pay rent. In the scenario described the tenant is in default and it is assumed therefore that the guarantor is liable to make payment under the terms of the guarantee. In particular it is assumed that the any conditions for the guarantor's liability arising have been satisfied and that the guarantee is enforceable, either being supported by consideration or made by deed. The tenant is in breach of the covenant to pay

Section 57 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides that when a lease is extended, the new lease granted under LRHUDA 1993, s 56 shall be a lease on the same terms as those of the existing lease, as they apply on the relevant date, but with such modifications as may be required or appropriate. LRHUDA 1993, s 57(6)(b) deals with the issue of modifications, and provides that either the tenant or landlord may require that for the purposes

In principle, the variation of a (stamp duty) lease will be a stamp duty land tax (SDLT) transaction. This is on the basis that the effective date of the transaction is after the implementation date for SDLT, 1 December 2003, and is not pursuant to a contract entered into before 10 July 2003, the date on which the Finance Bill 2003 received Royal Assent. That the lease to be varied was granted before the implementation date does not change this conclusion. The transitional

Where an outgoing tenant (who is surrendering its lease) is not acquiring a chargeable interest it should have no liability to SDLT . For more detail, see Q&A: Is a payment

Section 15(1)(b) of the Endowments and Glebe Measure 1976 vests land in the Diocesan Board subject to such easements as existed on the appointed day (1 April 1979). Section 15(2) provides that the easements take effect as legal easements. We have not seen any suggestion within the statute that they apply to the property only for so long as the Diocesan Board is the owner. See: Transfer and management of glebe land: Halsbury’s Laws of England for further information. The risk is that

This Q&A deals with the question of the requirement for a gas safety certificate before serving a section 21 notice, when there is no gas appliance in the flat. In order to serve a valid section 21 notice, the landlord must obtain a gas safety certificate in respect of the communal boiler, and either: • serve a copy of the certificate on the tenant, or • display a copy of the certificate prominently in the premises, annotated to say that the tenant is entitled to a copy of it on request Statutory background Housing Act 1988 and Notices Regulations Section 21A(1) of the Housing Act 1988 (HA 1988) (as amended) provides that: ‘A notice

If a tenant has failed to complete all the repair work the landlord considers to be required under the lease, or failed to reinstate unauthorised alterations, the landlord will usually issue the tenant with a Schedule of Dilapidations. This Schedule will clarify what work the landlord says is necessary in order for the tenant to comply with the obligations under the lease. Once the lease expires, if a tenant has failed to reinstate alterations, the landlord can seek to recover the costs of reinstating the alterations himself, or claim damages. See: Dilapidations—overview. A lease may expressly require the tenant to remove alterations, or the obligation may be contained