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

Much of the dilapidations claim relates to items installed by A before the grant of the sublease to B and which were not reinstated at the end of the term of the headlease. It is assumed that the property is commercial. It is also assumed that the headlease and sublease were on standard commercial terms with a full repairing and insuring covenant and are not subject to schedules of condition and that any required notices to reinstate were given. It is not clear whether the sublease to B was a sublease of whole, on what basis the freeholder granted a lease to B while

A right of light is an easement. It is a right enjoyed in respect of a building for it to receive the natural light that passes over someone else’s land and then enters through defined apertures (such as windows or skylights) in that building. The right of light entitles the beneficiary to receive sufficient natural light so that the rooms served by apertures can be used for their ordinary purpose (Colls v Home & Colonial Stores Ltd). As with other easements, a right of light can come to an end as a result of ‘abandonment’. There are other ways in which rights

The Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to make a ‘relevant disposal’. The landlord is required to serve a notice under LTA 1987, s 5 before making the disposal, allowing the qualifying tenants to exercise the right. For details of when the right applies, see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. LTA 1987, s 4(2)(i) provides that, among the various other exceptions, a relevant disposal does not include 'a disposal in pursuance of a contract, option or right of pre-emption binding on the landlord'. In

It is not unusual that, where a freeholder retains the freehold interest of a building but demises leases of various flats for lengthy periods of time, that, over time, there is a blurring of the parties’ various rights and responsibilities. An example of that is a leaseholder improving their part of the building such as, in this scenario, the replacement of balustrades and tiling to a substantially better quality. A lease will often provide that a leaseholder can make such improvements even to aspects of the property that are not demised in their leases (such as, for example, exterior walls)

The seller’s liability will depend on the terms of the contract. If the contract provides for a sale with vacant possession, then the seller will be in breach if the tenant is still in occupation on completion. The obligation to give vacant possession becomes operable on completion and remains actionable after completion (regardless of whether the contract contains a non-merger clause). See Practice Notes: Vacant possession and Liability for breach of property contract after completion. If

This Q&A raises two difficult aspects of adverse possession. First, the effect of the person in possession being a tenant is relevant. Second the effect of a corporate paper title owner being dissolved is under consideration. Before the Land Registration Act 2002 (LRA 2002) where a tenant went into adverse possession of land that adjoined his demise there was a