Form LTBT1 is a form prescribed by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096 (the Order) which provides that if the parties wish to contract out of (or exclude) the provisions of sections 24–28 of the Landlord and Tenant Act 1954 (LTA 1954) it is necessary for certain specified steps to be taken prior to such agreement being reached. It will often be the case that a landlord wishes to obtain the flexibility of a contracted out lease, as this will enable it to

Assuming a tenancy at will, can the Landlord (L) demand/accept rent, and chase up arrears, without prejudicing its position in respect of recovering possession if the Tenant (T) remains in occupation after any notice has expired? A tenancy at will should be terminated 'at will', ie immediately, rather than on notice. Tenancies at will only arise in very specific situations and, broadly speaking, this is generally where negotiations are ongoing for the grant of a new lease. Please see our Practice Note: Leases and licences of land—key features and differences. To avoid a periodic

It will depend on the terms of the flat leases as to whether the landlord can the recover the cost of such repair through the service charge. However, given that the water ingress has been caused by the negligent construction work by the landlord, there may be scope for the tenants to argue that the costs are not reasonably incurred within the meaning of section 19 of the Landlord and Tenant Act 1985. Alternatively, it may be that the lessees would have a claim in nuisance against the landlord

This Q&A assumes the question relates to a tenancy within England. Section 21 notice Within 30 days of receipt of a rent deposit, the landlord must comply with the initial requirements of the tenancy deposit scheme (TDS) by giving the tenant (and any person who pays the deposit on the tenant's behalf (ie the ‘relevant person’)) certain prescribed information about the TDS, the deposit and the assured shorthold tenancy (AST) (see section 213(3)–(6) of the Housing Act 2004 (HA 2004) (as amended) and Practice Note: Tenancy deposit schemes). Failure to do so has potential consequences. Under HA 2004, s 215 a landlord cannot recover possession of its property by serving notice under section 21 of the Housing

This Q&A considers forfeiture of commercial premises where it is argued that an implied tenancy exists. An implied tenancy may arise where a person is in exclusive possession of premises by the owner’s consent, and their possession is not as employee or agent or as a licensee holding under an irrevocable licence, and is not held in virtue of any freehold estate or of any tenancy

The protection provided by the Deregulation Act 2015 (DA 2015) operates so as to prohibit the service of a notice under section 21 of the Housing Act 1988 (HA 1988) requiring possession of a dwelling if certain conditions are not met and also to render a notice which has already been served invalid in prescribed circumstances. The protection conferred by DA 2015 only applies to assured shorthold tenancies (ASTs) granted on or

An Energy Performance Certificate (EPC) rates the energy-efficiency of a building on a scale of A to G, A being the most efficient. It is unlawful for a landlord to let a commercial property without a valid exemption if it is rated at F or G for efficiency. A landlord is required to have an EPC if they rent or sell premises; if a building that was under construction is completed; or if there are changes to the number of parts used for separate occupation which involve the provision of heating, air conditioning or ventilation systems. An EPC is valid for ten years. There are some exemptions, including short and long tenancies.

Section 213 of the Housing Act 2004 (HA 2004) requires a landlord who has received a tenancy deposit, to register it with an authorised scheme and provide information relating to it to the tenant within 30 days of receiving the deposit (prior to amendment by section 184 of the Localism Act 2011, this was within 14 days). If a landlord fails

The commercial rent arrears recovery (CRAR) regime, by which landlords may seize a tenant’s goods from the demised premises in order to recover unpaid rent, was introduced by section 72 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), which repealed the ancient law of distress. The procedure is set out in TCEA 2007, Sch 12, and is referred to as ‘Taking control of goods’. For general guidance on CRAR, see Practice Note: Commercial rent arrears recovery (CRAR). One of the ways in which an enforcement agent may take control of goods is by entering into a ‘controlled goods agreement’ with the tenant debtor. By TCEA 2007,

This Q&A raises the application of the Housing Act 2004 (HA 2004) in relation to assured shorthold tenancies (ASTs) under the Housing Act 1988 (HA 1988). In summary, where a landlord receives a deposit in connection with an AST, two steps must be taken within 30 days. First, the initial requirements of an authorised scheme must be compiled with (HA 2004, s 213(3)). Second, certain prescribed information must be given to the tenant (HA 2004, s 213(5)(6)). The prescribed information is to be found in the Housing (Tenancy Deposits)(Prescribed Information Order) 2007, SI 2007/797. A failure to do so restricts the right of the landlord to serve a notice under HA 1988, s 21 and gives the tenant the right to apply for an order

Section 212 of the Housing Act 2004 (HA 2004) provides for the creation of a national ‘tenancy deposit scheme’. The scheme applies to any deposit paid in connection with an assured shorthold tenancy (AST), see: HA 2004, s 212(1). There are two types of authorised arrangements for the holding of such deposits. HA 2004, Sch 10 provides that a tenancy deposit scheme must be either: • a custodial scheme • an insurance scheme Any ‘tenancy deposit’ paid to a person in connection with an AST must, as from the time when it is received, be

This Q&A assumed that the forfeiture was by peaceable re-entry. If a landlord forfeits due to rent arrears, as a general rule (where re-entry is peaceable, and, whether relief is sought in the County Court or High Court), the former tenant should apply for relief without delay and within six months of the date on which the landlord recovers possession. The grant of such relief is discretionary and turns on the court’s consideration of various factors, see Practice Note: Relief from forfeiture for rent arrears. If a landlord forfeits due to any breach other than rent arrears (where re-entry is peaceable), relief can still be sought after the landlord has taken possession by peaceable re-entry because they are still ‘proceeding’ to enforce until they obtain a judgment for possession.