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

The tenant of the ground floor flat who has put a sign up on the balcony area of the property, outside of their demise, in breach of their lease, which has been present for ten years does not have any property right which can be asserted in order to retain the sign if the matter is challenged by his landlord and/or brought before a court. Possession . The concept of possession was considered by the House of Lords in J. A. Pye Limited v Graham at paragraph 40: 'To be pedantic, the problem can be avoided by saying there are two elements necessary

Although the right to forfeit a lease for breach of a provision contained therein is primarily contractual, such that the absence of a forfeiture clause will ordinarily mean that the landlord has no right to forfeit in the event of non-payment, there are various statutory provisions that limit this right. In respect of a breach relating to non-payment of ground rent, service charges and/or administration charges, section 167 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) provides that notwithstanding a contractual right to forfeit, the remedy will only arise where the amount unpaid is either over £350 or has remained

The first step is to establish the terms of the lease concerning subletting the relevant part. This may be prohibited entirely, or may be permitted only with the landlord's consent (in which case a proviso will be implied that consent is not to be unreasonably withheld: section 19(1) of the

It is implicit in this Q&A that an election has not been made for stamp duty land tax (SDLT) to be charged on the market value of the lease at the time of its grant (under paragraph 2 or 4 of Schedule 9 to the Finance Act 2003 (FA 2003)). If it had been made, no SDLT would be chargeable on the final staircasing transaction. If that is right, subject to the below, SDLT will be chargeable on the (35%) acquisition made by the tenant on the