This Q&A focuses on the definition of ‘single private dwelling’ and its interpretation. We have not been able to find any authority which directly addresses the question of whether a house in multiple occupation (HMO) would breach such a covenant. However, you may find the following useful. In the textbook 'Restrictive Covenants and Freehold Land: A Practitioners Guide', Andrew Francis, the construction of restrictive covenants is

For the purpose of this Q&A we have assumed that the buyer is an individual who is buying their first residential property. From 8 July 2020 to 31 March 2021, the SDLT nil rate band for acquisitions of residential property is £500,000 (increased from £125,000). This means that if an acquisition of residential property completes or is substantially performed between 8 July 2020 and 31 March

Does it make a difference if the ‘T’ marking in the conveyance plan does not appear in the HMLR title plan? A covenant is an obligation to do (a positive covenant), or not to do (a restrictive covenant), a specified thing. Restrictive covenants will run with the land, but a positive covenant does not, so in order to bind a future owner of the land, there is usually an obligation to procure the execution of a new positive covenant upon sale, see Practice Note: Positive covenants—binding successors in title and Due diligence—positive covenants—checklist. A covenant to erect and maintain

Section 329(1) of the Highways Act 1980 defines a bridleway as a highway over which the public have a right of way solely on foot and on horseback or leading a horse, with or without a right to drive animals of any description along the highway. However, section 30 of the Countryside Act 1968 also provides that any member of the public shall have, as a right of way, the right to ride a bicycle on any bridleway, but must give way to pedestrians and persons on horseback. A bridleway is not a thing, but a right, and gives the public at large the right to use the bridleway, despite it forming part of privately owned land. Section 34(1)(b) of the Road Traffic Act 1988 (RTA 1988) makes

This Q&A assumes that the demise included the land and airspace, such that the sub-tenanted houses are within the demise. The Landlord and Tenant Act 1985 (LTA 1985) regulates service charges for residential properties. LTA 1985, s 18(1) provides that: '"service charge" means an amount payable by a tenant of a [dwelling] as part of or in addition to the rent— (a) which is payable, directly or indirectly, for services, repairs, maintenance[, improvements] or insurance or the

Charging of part of land often presents an issue for funders. The central concern is whether, on enforcement, the funder would be able to sell off part of the land itself with all necessary easements. It is not possible where land is in common ownership to create any relevant easements in advance. This is because two of the essential characteristics of an easement are that there must be a dominant and servient tenement, and the dominant and servient owners must be different people, see Practice Note: Easements—nature

Section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides the mechanism by which a qualifying tenant of a flat can exercise the right to acquire a lease of a new flat. A notice under LRHUDA 1993, s 42 must be given to the landlord and to any third party to the lease. 'Landlord' is defined by LRHUDA 1993, s 40 as being the person who is the owner of that interest in the flat which for the time being fulfils the conditions that it is a reversion expectant on the termination of

Sections 23 and 24 of the Land Registration Act 2002 (LRA 2002) set out a scheme of 'owner's powers'. These provide that a person entitled to be registered as proprietor (which would include a buyer of the freehold, pending registration), has 'power to make a disposition of any kind permitted by the general law in relation to an interest of that description, other than a mortgage by demise or sub-demise.' On the face of it, this would suggest that the buyer would be free to deal with any occupational leases notwithstanding the fact that they have not been registered as proprietor of the freehold at HM Land Registry. However, the courts' interpretation

After a lease has been granted, another lease of the same premises is sometimes granted, the term being either concurrent with or subsequent to that of the existing lease. A concurrent lease is a lease which is granted by a freeholder who has already granted a lease or leases of the property to be demised, and which runs concurrently with the term of the existing leases. It is sometimes called an overriding lease. Such a lease is a lease of the freeholder’s reversion, as distinct from a reversionary or future lease which only

Where there are two leases of adjacent land owned by the same landlord, and the tenant of one (A) encroaches on the land of the other (B) for a period in excess of the limitation period, B’s leasehold title to the land is extinguished. If A then surrenders their lease, or if

We have assumed that: • the agreement for lease (AFL) is a new tenancy for the purposes of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) Effect of personal landlord covenant LT(C)A 1995, s 28(1)(b) includes an AFL within the definition of ‘tenancy’. The result is that a landlord covenant which is expressed (in whatever terms) to be personal to the named landlord giving that covenant does not bind that landlord's successors in title (LT(C)A 1995, s 3(6)). This can be particularly significant where an AFL includes extensive obligations on the part of the named landlord (eg to construct

This will depend on whether or not the substation lease excluded the Landlord and Tenant Act 1954 (LTA 1954), as substation leases do appear to fall within the security of tenure provisions, as set out in Practice Note: Substation leases—key issues for landowners and utility companies (see EDF Energy Networks (EPN) plc v BOH Ltd). Substation lease is LTA 1954 protected In this scenario, A will still have protection under LTA 1954 as it remains in occupation (subject to the part of the premises occupied by the substation lease), for business purposes. However, Y will have, upon service of LTA 1954, s 25 notice on A (or LTA 1954, s 26 request), also