A surrender of a lease may be implied, or it may occur by operation of law. This situation arises whenever the landlord and the tenant act in a manner that is inconsistent with the continued existence of the lease. Examples of such surrenders include: • the landlord granting a new lease of the same premises to the existing tenant • the tenant giving up possession of the premises (eg by returning the keys to the landlord and vacating) and the landlord either going back into possession of the premises or granting a new lease to a new tenant with the original tenant’s actual or presumed consent • the landlord and the tenant agreeing to

The Landlord and Tenant Act 1987 (LTA 1987) provides certain qualifying tenants of properties with a right of first refusal. This means that if their landlord is seeking to dispose of its interest in the property (whether

The rule against perpetuities exists to prevent property from being tied up indefinitely. There are three elements: • the rule against remoteness of vesting, which dictates that a future trust interest in property must be certain of vesting in the beneficiary within the perpetuity period • the rule against inalienability, which dictates that private (ie non-charitable) purpose trusts cannot last indefinitely • the rule against excessive accumulations, which dictates that trustees cannot accumulate income beyond the accumulation period For

The fact that the landlord may have previously granted tenants in the same block lease extensions at a nil premium does not mean the landlord can be required to grant the tenant a lease extension at a nil premium. However, assuming the tenant is entitled to claim a statutory lease extension (see below), there is a statutory mechanism for calculating the premium. The landlord cannot demand a premium of £115,000 if this is not the premium to which the landlord is entitled under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). The tenant will

Notice to repair In the event that a landlord decides that an interim damages claim or forfeiture are not appropriate remedies to deal with a tenant’s failure to comply with their repairing obligation, it may decide instead to exercise any right in the lease to undertake the works itself and recoup the costs as a debt claim. There is no implied right to re-enter premises to carry out repairs in circumstances where the tenant is in breach of their repairing obligations. Therefore, the landlord can only use this remedy if there is an express right to gain access and undertake the repairs, often referred to as a 'Jervis and Harris' clause. The express provision is likely to set out a process

Under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), the concept of the 'competent landlord' is designed to give leaseholders one landlord with whom they can interact in order to gain the full length of their lease extension. A lease extension for a term beyond the end of an intermediate lease requires the deemed surrender and regrant of the intermediate

The position in respect of recoverability of service charges in relation to residential property is governed by statute—sections 18–25 of the Landlord and Tenant Act 1985 cover limitations to and reasonableness of service charges, requests for summary of relevant costs, effects of change of landlord and assignment on request, as well as providing for an offence for failure to comply. The provisions apply to all dwellings and cover all residential leases, except

Construction analysis: The Building Safety Act 2022 (BSA 2022) introduced a new section 2A into the Defective Premises Act 1972 (DPA 1972), which imposes liability on parties that provide substandard building works and services in respect of existing residential properties. We look at potential difficulties with the application of this new provision.

Information Law analysis: The High Court has revisited the question of the protection available to Jon Venables, one of the perpetrators of one of the most well-known crimes in recent years. The court considered whether an injunction protecting the identity of the individual formerly known as Jon Venables should remain in place following his conviction of further crimes relating to child pornography. This article considers the balancing exercise undertaken by the court, considering both the public’s right to have knowledge of these matters and the obligation to protect individuals from death and torture. This is the third time the court has had to consider this issue and the present case shows the significance of social media when considering the need to protect someone’s anonymity. Written by Nicole Bollard, Barrister at 3PB Barristers.

The statutory powers of gas providers are governed by the Gas Act 1986 (GA 1986) which was enacted after the lease in question here. If the successor to the gas board is a ‘gas transporter’ within the definition set out in the statute, then it may be authorised by the Secretary of State (after consultation with the Gas and Electricity Markets Authority) to compulsorily purchase any land, including any right over land. The creation of new rights over land may also be authorised. This means that it is possible for a gas transporter to use compulsory

Section 62(1) of the Law of Property Act 1925 (LPA 1925) states as follows: 'A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain

There are a number of common law principles that may come into effect in determining who has liability for any works necessary to protect against landslip and the like. As a first step it would be necessary to establish where the legal boundary lies. It is essential in understanding the landowner’s duties to each other to be clear who owns it, who owns the mud bank, any boundary feature that supports it or affects its stability and who owns any land that falls/slides. See Practice Notes: Property boundaries. The boundary is ascertained by usual