This Practice Note provides guidance upon the tenancy condition, which must be satisfied in order for a tenant to have security of tenure pursuant to section 79 of the Housing Act 1985 (HA 1985). It also considers the issues which can arise where security of tenure is threatened. Security of tenure A tenant of a dwelling house, let as a separate dwelling, will have security of tenure as a secure tenant in accordance with HA 1985, s 79 at any time where the ‘landlord condition’ and the ‘tenant condition’ are satisfied. The ‘landlord condition’ is that the interest of the landlord belongs to one of several prescribed authorities or bodies. In practice, the landlord will generally be a local authority. The ‘tenant condition’ is that the tenant is an individual and occupies the dwelling house as his or her only or principal home (or, where the tenancy is a joint tenancy, at least one of them occupies the dwelling house as their only or principal home). Security of tenure is often described as

A section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) must be served on the competent landlord (and any third parties to the lease—not discussed here) specifying the following: • name of the tenant and sufficient information about the flat to identify the property in respect of which the claim is made • details of the current lease • the premium proposed for the new lease • the terms proposed for the new lease • the name and address of the person appointed to act for the leaseholder, and an address for notices; and • a date by which the landlord must serve a counter-notice under LRHUDA 1993, s 45 See Practice Notes: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993 and Guide

A company voluntary arrangement (CVA) is a statutory contract between the company and its creditors and is used by a company in financial difficulty to restructure its debts. Accordingly, the specific details of CVA terms will be found in the CVA proposal. We are not privy to the exact terms of the CVA and cannot comment on them. However, its terms should be carefully reviewed to understand the impact it has on any potential lease renewal proceedings. For further information on CVAs generally, see our Practice Notes: Property law

The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) draws a distinction between old tenancies and new tenancies. The former are those which had been granted before it came into force on 1 January 1996, while the latter are those granted subsequently. The general rule following the assignment of a new lease, is that the former tenant is not liable for breaches of covenant once it takes effect (LT(C)A 1995, s 5(2)(1)(a)). In the case of an old lease, there is a modification of the rule that a tenant remains liable for the remainder of

When an assured shorthold tenant dies, Section 1(1)(b) of the Housing Act 1988 (‘the 1988 Act’) is no longer satisfied as the tenant no longer occupies the dwelling as their only or principal home. This results in the tenancy continuing (unless terminated by Notice to Quit) until the end of the fixed term as a common law contractual tenancy. As a matter of contract, rent already owing remains payable and an implied term requires that rent due until the end of the term remains payable too (Youngmin v Heath). Usually any rent due is sought from the personal representatives (ie executors if there was a Will; administrators if not) of a deceased as they are bound to perform all contracts entered into by the deceased

A tenant cannot obtain prescriptive rights against their landlord (see Simmons v Dobson). Depending on the facts when the lease was granted, it is possible for there to have been an implied grant. See Practice Note: Implied easements—common law. However,

The death of a tenant does not bring a lease to an end. Instead, the leasehold interest will devolve onto the personal representatives (PRs) of the deceased under section 1 of the Administration of Estates Act 1925 (AEA 1925). If there are no PRs or the tenant has died intestate, then the tenancy will vest in the public trustee until the grant of administration under AEA 1925, s 9. The landlord may wish to contact the public trustee with a view to ascertaining their intentions with regard to the lease to see if it is possible to negotiate an early surrender of the lease. A landlord

Equality Act 2010 The Equality Act 2010 (EqA 2010) provides a framework for non-discrimination and related duties. The starting point is the ‘protected characteristic’, followed by forms of prohibited conduct and/or duties. EqA 2010 also outlines the various fields in which it takes effect. Under EqA 2010, s 4, the 'protected characteristics' include disability. Under EqA 2010, a person has a disability where they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. EqA 2010 imposes a duty upon the controller of let premises, ie the landlord and/or manager of the premises, in relation to the tenant and any person otherwise entitled to occupy them. The duty in relation to let premises is to

It is important for commercial landlords to have the ability to gain information about the nature and use of a particular leasehold property. For example, a landlord may need to obtain information about the current use of the property in order to consider whether the criteria as per section 23 of the Landlord and Tenant Act 1954 (LTA 1954) apply to a tenancy. This is necessary in order to determine whether the tenant is afforded statutory protection pursuant to LTA 1954. Conversely, in order to correctly serve notices pursuant to LTA 1954, a tenant

An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title. Easements are usually positive, giving the dominant owner the right to enter or use the servient land in some way (eg a right of way). However, they can be negative preventing something being done on the servient

An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title. Easements are usually positive, giving the dominant owner the right to enter or use the servient land in some way (eg a right of way). However, they can be negative preventing something being done on the servient

Section 19(1)(b) of the Landlord and Tenant Act 1927 (LTA 1927) Section 19(1)(b) of the Landlord and Tenant Act 1927 (LTA 1927) applies to certain so-called 'building leases' which are leases: • or more than 40 years • in consideration wholly or partially for the erection, or the substantial improvement, addition or alteration of buildings • where the landlord is not a government department, a local or public authority or a statutory or public utility company, and • the lease is not of an agricultural holding,