The reservations below are intended to be used in addition to, or in substitution for, any of the existing provisions in Schedule 1, Part 3 of the following Lexis+® UK Precedents: • Lease of part (office) • Lease of part (retail unit in a shopping centre) • Lease of high street shop unit • Lease of unit on an industrial estate • Lease of whole building • Pie crust lease of a unit on an estate • Long lease of whole of commercial premises at a premium • Lease of whole—medium-length form and are subject to the general limitations on the exercise of those rights/reservations which are set out in those leases. 1 Access on renewal or rent review [the right] to enter the Property with the Landlord’s Surveyor and/or the Independent Surveyor [at a reasonable time and on reasonable prior notice] to inspect and measure the Property for all purposes connected with any pending or intended step under: 1.1 [LTA 1954 OR the Landlord and Tenant Act 1954]; or 1.2 Schedule

This Checklist covers issues that a landlord should consider in the event of tenant insolvency, including the remedies available to the landlord such as Commercial Rent Arrears Recovery (CRAR), forfeiture, drawing down on a rent deposit, and pursuing former tenants, guarantors and sub-tenants. It also covers practical points for a landlord to consider in relation to securing and marketing the property and contacting the insolvency practitioner. What type of insolvency scenario applies to the tenant? Dependent on the type of insolvency arrangement that applies, there are different remedies available to the landlord and different restrictions will apply. For a table summarising the restrictions, see Practice Note: Quick guide to landlord’s remedies in tenant insolvency. Has contact been made with the insolvency practitioner? It is important to contact the relevant insolvency practitioner to assess the position the tenant is in and what, if any, chance there is of any debts being repaid, future rents being secured or the tenant recovering from the insolvency situation, although care should be taken not to waive any right

Property Disputes analysis: The question before the Court of Appeal, was whether the landlords could rely upon a section 21 notice served on the tenant at a time when they had not served an energy performance certificate (EPC). That depended on whether the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, reg 2 (the 2015 Regulations) applied to the tenancy, which commenced before 1 October 2015 when the 2015 Regulations came into force and the effect of the Deregulation Act 2015 (DA 2015). In dismissing the tenant’s appeal, the court found that the requirement to serve an EPC did not apply to statutory periodic tenancies arising after 1 October 2015 following the expiry of a fixed term tenancy granted before that date. Written by Samantha Dawkins of Edward Harte Solicitors and Sally Anne Blackmore of Enterprise Chambers, representatives of the landlords in this case.

Property analysis: A sub-tenant’s request for a new tenancy under Landlord and Tenant Act 1954 (LTA 1954), s 26 (section 26 request), specifying a commencement date before the existing contractual expiry date, was held to be valid where the sub-underlease had automatically terminated when the head landlord broke its lease.

Form of covenant The tenant’s ability to assign or underlet will depend on the form of covenant in the lease. It is important to analyse the covenant correctly, to decide whether it restricts assignment or underletting and, if so, to what extent. No covenant This is rare in modern leases, but some long residential leases may not impose any restriction on assignment or underletting beyond giving notice to the landlord. In the absence of any restriction, the tenant is free to assign or underlet as it pleases. Absolute covenant A covenant that prohibits any assignment or underletting entirely is often described as an absolute covenant. There is no statutory modification of absolute covenants, so they constitute a complete bar. However, the covenant should still be analysed, to determine precisely what is prohibited. The presence of an absolute covenant does not preclude the tenant from asking for consent, nor the landlord from granting it (since a party who has the benefit of a contractual provision can always waive that benefit). However, an absolute covenant gives

Landlord’s counter-notice under section 45 of the Leasehold Reform, Housing and Urban Development Act 1993 (the 1993 Act) Flat: [insert address and description of the Property] To: [insert full name of qualifying tenant] of [insert address] (the Tenant) Given by: [insert full name of Landlord giving the counter-notice] of [insert address] [incorporated in England and Wales with company registration number [insert company registration number]] (the Landlord) The

An agreement between a landlord and a receivables financier in which the landlord agrees to waive its rights to exercise distraint over a client's assets to meet sums due to the landlord, usually unpaid rent.

Landlord-tenant law describes the body of law governing the creation, operation and termination of leases and tenancies, and the rights and obligations of landlords and tenants in residential, commercial and mixed-use premises. It covers issues such as possession, rent, service charges, repairing obligations, quiet enjoyment, security of tenure, eviction, deposit protection and remedies for breach. In England and Wales, and Northern Ireland, core concepts are found in statute (for example, housing and landlord and tenant legislation) and developed through case law, including rules on assured shorthold tenancies, business tenancies and forfeiture. In Scotland, “landlord and tenant law” interacts with distinct regimes for private residential tenancies, social housing and commercial leases, with significant statutory reform and different terminology (e.g. ish, tacit relocation). In Ireland, the Residential Tenancies Acts and Landlord and Tenant Acts provide the primary framework, including protections for Part 4 tenancies and commercial tenants. Across all jurisdictions, landlord-tenant law is central to property practice, real estate finance, housing, social welfare and dispute resolution, and is a frequent source of litigation before courts and specialist tribunals.

Two private landlords have been fined over £90,000 for allowing 23 people to occupy a two-bedroom flat licensed for only three occupants from two households, following a prosecution brought by Tower Hamlets Council. The landlords, Sofina Begum and Aminur Rahman, were sentenced at Snaresbrook Crown Court on 6 February 2025, following their convictions in November 2023 at Thames Magistrates’ Court. They previously pleaded guilty to nine charges under the Housing Act 2004 (HA 2004), including allowing the premises to become overcrowded and failing to conduct required inspections.

Under the Health and Safety at Work etc Act 1974 (HSWA 1974), a duty is owed by employers to employees to ensure their health, safety and welfare at work as far as reasonably practicable. In addition, a person who has control of premises has a duty to any other person not in their employment who may be affected by their conduct to ensure that so far as reasonably practicable they are not exposed to risks in respect of the premises and plant and substances on them. The duty may arise not only from the physical state of the premises, but also from the inadequacy of arrangements which the person owing the duty may make with a third party such as a contractor. A person who is protected by HSWA 1974 does not lose this protection by being in a part of the premises to which they are not permitted to go or by being engaged in a concern of their own. Shift in emphasis to the 'workplace' The duties imposed by HSWA 1974 have been supplemented

This Practice Note covers various duties imposed on private sector landlords in England which are aimed at increasing safety standards in private sector tenancies. It covers the requirements of the: • Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451 (as amended by the Gas Safety (Installation and Use) (Amendment) Regulations 2018, SI 2018/139) (GSR 1998) • Smoke and Carbon Monoxide Alarm (England) Regulations 2015, SI 2015/1693 (as amended by the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, SI 2022/707) (SCM 2015) • Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, SI 2020/312 (ESS 2020) For content on fire safety requirements generally, including the Fire Safety (England) Regulations 2022, SI 2022/547 which relate to the common parts of buildings containing two or more sets of domestic premises, see Practice Note: Fire safety in commercial and mixed-use buildings. Gas safety Under GSR 1998, SI 1998/2451, reg 36(2), landlords in England and Wales are under a general duty to ensure that there is maintained in

This Practice Note covers various duties imposed on private sector landlords in Wales which are aimed at increasing safety standards in private sector tenancies. It covers the requirements of the: • Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451 (as amended by the Gas Safety (Installation and Use) (Amendment) Regulations 2018, SI 2018/139) (GSR 1998) • Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, SI 2022/6 (RHW 2022) which were made under the Renting Homes (Wales) Act 2016 (RH(W)A 2016) For content on fire safety requirements generally, see Practice Note: Fire safety in commercial and mixed-use buildings. Gas safety Under GSR 1998, SI 1998/2451, reg 36(2), landlords in England and Wales are under a general duty to ensure that there is maintained in a safe condition any relevant gas fitting or any flue serving a relevant gas fitting (as defined in more detail in GSR 1998, SI 1998/2451, regs 2 and 36(1)) which: • is in relevant premises (ie premises occupied, exclusively or not, for residential purposes