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PRECEDENTS
The rights below are intended to be used in addition to, or in substitution for, any of the existing provisions in Schedule 1, Part 2 of any 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 and are subject to the general limitations on the exercise of those rights which are set out in those leases. 1 Right to use toilet facilities [the right] to use the toilet facilities [ [on the [first] [and [second]] floor[s] ] of OR in] the Building [or as designated from time to time in writing by the Landlord].
PRACTICE NOTES
This Practice Note covers the circumstances in which, under section 31A of the Landlord and Tenant Act 1954 (LTA 1954), the tenant may attempt to defeat a landlord’s opposition to renewal on redevelopment grounds pursuant to LTA 1954, s 30(1), ground (f), namely by offering to accept a new tenancy which includes terms allowing a landlord access and facilities to carry out the proposed works, or to accept a new tenancy of an economically separable part of the holding, which would enable a landlord to reasonably carry out the proposed works. Where a landlord opposes the renewal of a business tenancy on ground (f) (intention to demolish or reconstruct the premises—see Practice Note: Grounds of opposition: ground (f)—demolition, construction, reconstruction and substantial works), the tenant may defend its application if LTA 1954, s 31A applies. The landlord's opposition can be defeated if: • the tenant agrees to the inclusion in the terms of the new tenancy of terms giving the landlord access and other facilities for carrying out the
PRECEDENTS
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993, SECTION 11(3) TENANT’S NOTICE REQUIRING INFORMATION FROM FREEHOLDER To: [insert name and address of the freeholder of the whole or part of the building containing the tenant’s flat] Given by: [insert the name and address of qualifying tenant] (the Tenant) RE: [insert address of building containing the tenant’s flat] The following definitions apply in this Notice: Building • the building containing the Flat, and known as [insert address of building containing the tenant’s flat]; Flat • the
PRACTICE NOTES
Tenants frequently carry out fit-out works at (or often before) the start of a lease. They may also carry out refurbishment or further fit-out works during the term. Fit-out works are likely to be internal and non-structural works, whereas refurbishment works may be more substantial. Occasionally, tenants may even want to carry out very significant structural works (eg amalgamating units by demolishing internal walls or installing staircases/escalators between floors, installing roof canopies, building extensions, etc). Regardless of the type of tenant’s works, it is vital that both the landlord and the tenant consider the insurance consequences. The landlord’s insurance position During works Ordinarily, the landlord’s policy will only cover the works once they are complete, and even then often only if they are an addition to the insured property (eg structural works) rather than internal fittings. So the landlord should ensure that the tenant is obliged to insure the works during the construction phase. This requirement should be included in the licence for alterations, together with obligations to apply insurance moneys in restoring the works, settling
Q&As
This Q&A addresses the question of what happens to a secure tenancy if the tenant voluntarily moves to a neighbouring property that is owned by the same landlord. Where a tenancy commenced before 15 January 1989 it is likely to be a regulated or secure tenancy, governed by the Rent Act 1977 (RA 1977). A landlord or a tenant of a regulated or secure tenancy can make an application to have a fair rent registered. A fair rent is likely to be lower than the market rent. Fair rents are set by a rent officer at the Valuation Office Agency and, once set, cannot be changed
Q&As
The approach to, and (where relevant) grounds for terminating, an assured shorthold tenancy are set out in Practice Note: Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position. The approach is likely to depend on whether the tenancy is still within any fixed term (in which case the section 8 procedure will be required) or is periodic (either by its nature or by statute following the expiry of a fixed term) or any fixed term will shortly expire, in which case the section 21 procedure may be used. See Practice Note: Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position, in particular section: Method of landlord termination. If the section 8 procedure is required, grounds 7A and 8 may be particularly
Q&As
Many leases which relate to commercial premises may also have a residential element. This is particularly the case where the occupants of the commercial part of the premises also live in the building. Examples include shops with a flat above and a composite lease, or as in this example, a pub with residential accommodation. In those circumstances the let is considered to be of mixed use. As a result there are additional steps that a landlord may need to take when seeking to forfeit the lease and obtain possession. Generally, where a tenant has accrued arrears of rent, the landlord will have the right peaceably to re-enter the premises and as a result
PRACTICE NOTES
This Practice Note looks at the effect of Part 1 of the Landlord and Tenant Act 1987, including the circumstances in which the right of first refusal applies, the landlord’s obligation to sever transactions to dispose of buildings separately, how to identify a relevant landlord, a qualifying tenant, and a relevant disposal, the procedure for serving offer and acceptance notices, and the consequences of tenants failing to accept the offer. It also looks at enforcement, the tenants’ rights against a purchaser, and avoidance methods. The Landlord and Tenant Act 1987 (LTA 1987), Part 1 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 dispose of it. The right is framed in negative terms, prohibiting the landlord from making a relevant disposal without first serving a notice under LTA 1987, s 5 (commonly referred to as a ‘section 5 notice’) on the qualifying tenants and requiring that the disposal is made in
PRACTICE NOTES
The Landlord and Tenant Act 1927 (LTA 1927) allows a tenant of certain holdings to serve notice stating its intention to carry out specified improvements. This Practice Note outlines the procedure and what the court considers constitutes a tenant’s improvement. It also covers a landlord’s option to elect to do the works itself and a landlord’s obligation to pay compensation in respect of an improvement. It does not cover the conversion of a qualified covenant against alterations into a fully qualified covenant (in the case of an improvement) under LTA 1927, s 19(2). See instead, Practice Notes: Landlord’s consent to alterations and Negotiation guide—alterations clause—commercial leases. Tenants’ entitlement to serve notice Subject to certain exceptions, a tenant using (the whole or part of) its premises to carry out a trade or business (including a profession) is entitled to serve notice stating its intention to carry out improvements under LTA 1927, s 3, whether or not those improvements are permitted under the lease. Key exceptions include: • certain agricultural holdings within the meaning of the Agricultural Holdings Act 1986 (for
PRECEDENTS
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993, SECTION 13 TENANTS’ INITIAL NOTICE OF CLAIM in connection with the property known as [insert address of property comprised in the tenant’s notice of claim] To: [insert name and address of reversioner] Given by: the participating qualifying tenants listed in Schedule 1 In this Notice the following definitions apply: 1993 Act • means the Leasehold Reform, Housing and Urban Development Act 1993 [Other Property • means the freehold interest in the property known as [insert description] and shown [for the purposes of identification only] edged [blue] on the Plan, of which the freehold is proposed to be acquired by virtue of section 1(2)(a) of the 1993 Act] Plan • means the plan attached to this notice Premises • means the freehold interest in the premises known as [insert description] and shown [for the purposes of identification only] edged [red] on the Plan, of which the freehold is proposed to be acquired by virtue of section 1(1) of the 1993 Act Relevant Date • means the date on which this Notice is given We hereby notify you as follows: 1 by this notice the freehold is claimed of[ [