See Practice Note: Planning obligations—key points. According to the commentary from Enforceability of planning obligations: Halsbury's Laws of England [337] (subject to Lexis®Library subscription): 'A planning obligation is enforceable by the authority identified as the authority by which the obligation is enforceable against the person entering into the obligation and against any person deriving title from that person. The instrument by which a planning obligation is entered into may, however, provide that a person shall not be bound by the obligation in respect of any period during which he no longer has an interest in the land.' [our

If the tenant remains in occupation at the end of a lease term, it may be inferred that it is remaining either as a: • tenant at will, or • tenant with a periodic tenancy If rent continues to be accepted and there are no active negotiations for the parties to enter into a new lease, this conduct is likely to amount to a periodic tenancy arising rather than a tenancy at will. Each case will turn on its facts. If a new periodic tenancy is deemed to have been created, it will be in the same or similar terms to that of the previous lease that has expired. A periodic tenancy is a tenancy that can be created either by express agreement or by inference. The period of the tenancy will usually be the period by reference to which rent is

Prior to the Sunday Trading Act 1994 (STA 1994), it had been illegal to trade on a Sunday, save in certain excepted circumstances, pursuant to the Shops Act 1950. STA 1994 allowed for Sunday trading, but restricted large premises (those over 3,000 sq ft, or 280 sq m) to opening for a maximum of six hours between the hours of 10 am and 6 pm. STA 1994 prospectively enables Sunday trading, but it does not contain any provision revoking or altering any existing covenant not to trade on a Sunday contained within a lease. While some Acts (for example Part II of the Landlord and

The limitation period for claims under a lease (other than for rent) is 12 years if the lease is made by deed, otherwise (as is more likely in the case of an assured shorthold tenancy) six years. See Practice Note: Quick guide to common time limits for property disputes lawyers. The time will run from the date of the breach of the lease (unless an exception applies, such as fraud or concealment). If the claim is for disrepair, this is likely to accrue every day, where the breach is failure to keep in repair. A further breach is likely to occur at the end of the lease, assuming

To begin with, the terms of any relevant contract will dictate the remedies available to the tenant. Leases commonly provide that, where the interim (or advance) charges paid by a tenant exceed the annual sum due (ie once the final annual figure has been calculated), the excess due to the tenant shall be either: (i) reimbursed to the tenant; or, (ii) applied by the landlord as a credit towards the tenant’s service charge liabilities in the following year. The language of the lease which deals with

Where, before a tenancy is granted (or a tenancy has come to an end), the putative tenant goes into occupation and pays rent (or the former tenant remains in occupation and pays rent), and negotiations between the putative (or former) tenant and the landlord are ongoing, no tenancy (either fixed term or periodic) will arise. Instead, the court will treat the arrangement as a ‘tenancy at will’; a legal arrangement which will not bring the occupying putative (or former) tenant within the Landlord and Tenant Act 1954 (LTA 1954). See Practice Notes: Leases and licences of land—key features and differences and Periodic tenancies. Once

Can the landlord require the tenant to redeliver possession of the residential part? Whether a tenant has yielded up, with or without vacant possession, is a question of fact and degree. Most modern leases contain an express covenant on the part of the tenant to yield up possession of the premises on the determination of the term. However, in the absence of such an express covenant or other express stipulation, every tenant is nevertheless under an implied contractual obligation to restore possession to the landlord (see: Henderson

This Q&A assumes that the lease contains an absolute prohibition on carrying out alterations to the demised premises. An absolute covenant in relation to alterations is one which does not contain a qualification that the alterations can only be carried out with the consent of the landlord. As is identified in the Q&A, section 19(2) of the Landlord and Tenant Act 1927 (LTA 1927) does not apply to an absolute prohibition of this kind (see Woolworth & Co v Lambert. There is also an absolute covenant against making any planning application in relation to the works which the tenant wishes to carry out to the property. If, however, the tenancy is one to which LTA 1927, Pt I (LTA 1927, s 1) applies

Is the grant of the new lease a ‘relevant disposal’ for the purposes of section 95(1) of the Localism Act 2011? Section 95(1) of the Localism Act 2011 provides that a person who is an owner of land included in a local authority's list of assets of community value (ACV) must not enter into a relevant disposal of the land unless conditions A–C, set out in LA 2011, s 95 are met. See Commentary: Moratorium on disposing of land included in list of assets of community value: Halsbury’s Laws of England [436]. Who is the ‘owner’? LA

Serving the notice Administration of Estates Act 1925, s 1(3) provides that when a person is deceased: The personal representatives shall be the representative of the deceased in regard to his real estate to which he was entitled for an interest not ceasing on his death as well as in regard to his personal estate. It is, therefore, appropriate to address a notice referring to that property to the personal representative of the deceased, regardless of who the personal representative may be or whether a grant of representation has yet been issued as the testator’s property vests

This Q&A has assumed that: • the tenant is occupying under a statutory periodic assured shorthold tenancy (AST) under the Housing Act 1988 (HA 1988) following expiration of the fixed term AST • no energy performance certificate (EPC) has been given to the tenant at any stage • there is no available exemption from the requirement for an EPC For some tenancies, it is a pre-condition to service of a valid notice under HA 1988, s 21 that the landlord has complied with their obligations under the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118, reg 6(5). That obligation is to 'ensure that a valid energy performance certificate

On forfeiture of a lease by peaceable re-entry, the lease comes to an end. The fact that the tenant may intend to apply for relief from forfeiture, but has not yet done so, would not appear to affect the status of the lease. This may be contrasted with the effect of forfeiture by service of proceedings, where no order for possession has yet been made. See Commentary: The