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There are various ways for a landlord to end a tenancy which is protected by the Landlord and Tenant Act 1954 (LTA 1954). These are set out below. Forfeiture The usual way to end a tenancy protected by LTA 1954 is via the mechanisms provided in LTA 1954 which involve serving notices (see below). Other possibilities exist however. LTA 1954 specifically permits ending a tenancy by other common law methods such as forfeiture. In this Q&A the tenant has sublet without landlord consent and that the unlawful subtenant has carried out works to the premises, also
Q&As
The effect of Part II of the Landlord and Tenant Act 1954 (LTA 1954) is to give security of tenure to the tenant of business premises. The way in which this security is given is that at the end of the contractual term the term is continued until such time as it is brought to an end by the service of the notice under LTA 1954, s 25 by the landlord either objecting to the grant of a new tenancy on one of the grounds set out in the LTA 1954 or consenting to the grant of a new tenancy and suggesting terms or the service of a section 26 request for a new tenancy by the tenant. In either case the notice will state a date
Q&As
In England and Wales property in multiple ownership is held in two manners. The legal proprietors of the property are those in whose name title is held; if the property is registered their names will be entered upon the proprietorship register. The legal owners hold the property on trust for the beneficial owners. The beneficial owners may and often will be the same as the legal owners, but do not have to be. Joint legal owners hold the legal title as joint tenants. The beneficial interest can be held either as equitable joint tenants or as tenants in common,
Q&As
Section 21(1) or 21(4) notice in the context of a statutory periodic assured shorthold tenancy (AST) A landlord can use either a section 21(1) or section 21(4) notice in the context of a statutory periodic AST which was continuing following expiry of the fixed term. It had previously been assumed that a section 21(1)(b) notice could only be served where the notice is being served before or on the day the fixed term of a tenancy terminates and, accordingly, if the notice was served during the
NEWS
IP analysis: In a painstakingly thorough 514-paragraph judgment, Mr Justice Edwin Jones examined 55 instances where the claimant, Merck KGaA, alleged the five defendants, including Merck, Sharpe & Dohme LLC (together MSD) had used the word ‘Merck’ in ways prohibited by an agreement between the parties (the 1970 Agreement), infringed Merck KGaA’s UK trade marks and ultimately breached an injunction ordered by the court in July 2020. Merck KGaA sought declaratory relief from the court rather than filing contempt proceedings. Despite MSD’s disagreement, Jones J found this to be an appropriate approach and, following his determination that three of the defendants had indeed committed many of the alleged breaches of the 2020 Order, he decided to grant partial declaratory relief to that effect. Written by Emma Kennaugh-Gallacher, senior professional support lawyer at IP firm Mewburn Ellis.
NEWS
Corporate Crime analysis: In August 2025, the SFO and CPS published their updated Joint Corporate Prosecution Guidance, reflecting the expanded corporate criminal liability provisions created by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). Rachel Cook, senior solicitor at Peters & Peters considers the importance of this update and explains how it equips prosecutors for the failure to prevent fraud offence, signals a firm deterrent message to corporates and how it is both a roadmap for prosecutors and a manual for defence lawyers advising on corporate criminal liability.
Q&As
This question raises the issue of the enforceability of covenants affecting land against successors in title of the original covenantee. In particular it concerns the interplay between the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982), the Local Land Charges Act 1975 (LLCA 1975) and the Land Registration Act 2002 (LRA 2002). When A enters into a covenant with B affecting the use of land, it is enforceable as a matter of privity of contract. As soon as either A or B transfers the interest held in the land, as between the respective landowners that privity no longer exists. The starting point is that the burden of a positive covenant will not usually run: Rhone v Stephens. Where however a covenant
GLOSSARY
A disposition of property granted by a party who has no title to it. This was a legitimate device for making good a lack of title if the grantee occupied the property openly peaceably and without judicial interruption for a period of ten years, following the registration of the a non domino disposition. Since 8 December 2014 with the introduction of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party looking to acquire title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration
Q&As
CPR 36.11(1) provides that a Part 36 offer is accepted by serving written notice of acceptance on the offeror and may be accepted at any time unless it has already been withdrawn, though in certain circumstances the permission of the court is required to accept the offer. CPR 36.14 expressly deals with the consequences of non-payment of an accepted Part 36 offer. CPR 36.14(1) provides that if a Part 36 offer is accepted, the claim is stayed,
Q&As
The regulation of consumer credit Regulation of consumer credit now sits with the Financial Conduct Authority (FCA). In consequence parts of the Consumer Credit Act 1974 (CCA 1974) were repealed from 1 April 2014 with regulated activities coming under the Financial Services and Markets Act 2000 (FSMA 2000) and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO 2001). Regulated activities and consumer credit agreements Entering into a regulated credit agreement as a lender is a specified (regulated) kind of activity unless it is an exempt agreement under Articles 60C to 60H
Q&As
We have assumed that the proceedings were commenced after 10 January 2015 and that enforcement is taking place under Regulation (EU) 1215/2012, Brussels I (recast). Appealing the registration of a foreign judgment When seeking to enforce a foreign judgment in England and Wales, the foreign judgment will need to be registered in the English courts. The rules in CPR 74.1 provide for this. Where a foreign judgment has been registered, the defendant in the claim is able to make an appeal against that registration. This is provided for in CPR 74.8. The timing for making an appeal is set out in CPR 74.8(4) as follows: ‘(4) The appellant's notice must be served— (a) where the appeal is against the granting of registration, within— (i) one month; or (ii) where service is to be effected on a party
Q&As
It is often the case that, where a dispute arises over the terms of a Will, or a claim is intimated for reasonable financial provision out of the estate by a qualifying person under the Inheritance (Provision for Family and Dependants) Act 1975, a compromise will be reached by way of a deed of variation of the Will. This is often tax efficient and allows for the beneficiaries to re-write the terms of the Will to make provision for the party bringing the challenge. The purpose of a deed of variation is formally to