Refine By
Clear all filter
About 90774 results for "*"
A landlord has delayed in serving a terminal schedule of dilapidations until some two years after the expiry of the lease. It appears that trespassers occupied the property for a short time following expiry of the term. The landlord has carried out some works to the property but these are not referred to in the schedule of dilapidations. The property is advertised for sale. In the circumstances, can the landlord the landlord bring a claim for dilapidations?
Q&As
Limitation period In the absence of any express provisions in the lease limiting the period within which a dilapidations claim may be made, if the lease has been executed as a deed, the limitation period for bringing a claim will be 12 years (Limitation Act 1980, s 8). See Practice Note: Limitation Act 1980—the principal limitation periods. Note that it is a common tenant amendment in leases to provide that the landlord may only recover its costs of preparing the schedule if it is served within a specified period from expiry of the lease. Please see below regarding the costs of any dilapidations
A landlord has failed to register a deposit within the mandated period of time. How does the court quantify the amount of damages and when will these be payable by the landlord?
Q&As
Deposits taken in relation to assured shorthold tenancies (ASTs) must be protected by an authorised tenancy deposit scheme: section 213 of the Housing Act 2004 (HA 2004). Failure to comply with the requirements of HA 2004 may result in the landlord being unable to serve a notice under section 21 of the Housing Act 1988 to seek possession of the property. In relation to deposits taken on or after 6 April 2007 the tenant may also be entitled to apply for financial penalties. As explained in Practice Note: Tenancy deposit schemes, either a tenant or a ‘relevant person’ may apply to the
A landlord has granted a business lease of premises to three people trading under a partnership name which is attached to the premises. This lease is protected by the 1954 Act. The term of ten years has expired and the tenant is now holding over. Two of the partners have now moved on, they are no longer in occupation, leaving one who wants to a new lease to be granted but just to him. How can the landlord be sure that the old lease has gone? It has not been surrendered by operation of law as the new lease is not to the same parties.
Q&As
Partnerships and 1954 Act It is possible that the old lease could be regarded as continuing because one of the original partners is still occupying the premises for the purposes of a business. The ‘Companies, trusts and partnerships’ section within ‘Security of tenure’ of Hill and Redman's Law of Landlord and Tenant (paragraphs 104 and 105) provides that: 'The special provisions apply when the tenancy is held jointly by two or more persons and the business is carried
A landlord has granted subleases for a term longer than the headlease. What is the position of the subleases?
Q&As
An underlease that is granted for as long, or longer, than the original lease operates as an assignment and not as an underlease. To avoid this, an underlease must be for at least one day less than the original lease. If an underlease takes effect as an assignment: • the tenant divests himself of the
A landlord has issued a draft licence to alter in respect of works to replace aircon units. It transpires that the works have already been completed. Should a retrospective licence be used instead and do you have a Precedent?
Q&As
It is usual practice to use a retrospective licence to alter when works have already been completed. See Precedent: Licence for alterations and associated drafting notes which could be adapted for
A landlord has let a first floor flat to a tenant under an assured shorthold tenancy (AST) in 2014 (A). The ground floor is also owned by the landlord and is let to the landlord’s son (B). Around six months ago, with the full approval of A, the internal staircase was removed and an external staircase constructed outside, giving A his own dedicated access. Both (now completely separate) properties still carry the same address (say, No 4, X Street—not split into 4a and 4b). The first floor property has no letterbox and so post is delivered through the letterbox of the ground floor flat, and B takes post addressed to A up the staircase and leaves it through A’s door, for which B has a key. The AST provides for service of notices by post. Would delivery by this method constitute good service?
Q&As
When a landlord is considering what steps they need to take in order to have validly served a document, their first point of reference should be the tenancy agreement for the tenancy in question.
A landlord has obtained a County Court possession order. The date for possession has expired but the tenant remains in occupation. Where the tenant has issued applications for permission to appeal the possession order and for a stay of enforcement, can the landlord issue an application for a warrant of possession and attempt to enforce the possession order before the tenant's applications are heard and determined?
Q&As
CPR 83.26 applies where a party has obtained a judgment or order for the recovery of land and seeks to enforce it in the County Court. Such a judgment is enforceable by a warrant of possession. The application may be made without notice—CPR 83.26(2), and permission is not generally required to issue a warrant for possession, other than in certain specified circumstances, which do not relate to ongoing appeals. However, case law in the context of applications
A landlord has obtained an order for possession based on a mandatory ground, but subsequently agrees with the tenant to suspend the warrant for possession, subject to the tenant repaying the arrears. When the tenant defaults on the repayment and the landlord applies to execute the warrant, the court refuses to do so and suspends the warrant for a second time. Does the court have the power to suspend the warrant in these circumstances?
Q&As
Did the court have the authority to suspend the warrant for a second time, after the tenant had failed to comply with the conditions of the suspended warrant? To bring a tenancy to an end either under sections 8 or 21 of the Housing Act 1988 (HA 1988) procedure, a landlord must: • serve a notice requiring possession • apply for a court order for possession • apply for a warrant of possession to evict the tenant Section 21 notice A section 21 notice can only be served in relation to an assured shorthold tenancy (AST) under HA 1988, s 21, where the tenancy
A landlord has obtained an order for possession of premises consisting of a ground floor commercial unit and a flat on the first floor, following forfeiture of the lease. The premises were let on a single lease but the tenant has sub-let the flat by way of an AST. How does the forfeiture and order for possession affect the AST?
Q&As
The general common law principle is that the effect of the forfeiture of a headlease, is to determine any interests deriving out of it, such as a sub-lease. However, in the case of an Assured tenancy granted on
A landlord has received a section 5B notice. Where there are three other flat owners in the building, can each qualifying tenant serve their own section 6 acceptance notice, or can only one section 6 notice be served on behalf of all qualifying tenants?
Q&As
An acceptance notice under section 6 of Landlord and Tenant Act 1987 (LTA 1987) can only be served by the requisite majority of qualifying tenants of the constituent flats on the landlord. The requisite majority refers to the qualifying tenants of those flats with more than 50% of the available votes. Therefore, if a tenant only owns one flat (and as such is not the requisite
A landlord has served a non-hostile section 25 notice offering a tenant a new lease, but the terms of the new lease have not been agreed. The section 25 notice has now expired, the tenant remains in occupation and neither the landlord, nor the tenant has made an application court. The landlord now wants the tenant to vacate the property—what steps does the landlord need to take to regain possession of the property?
Q&As
When a landlord has served a valid section 25 notice, but neither the landlord nor the tenant have made an application for a new tenancy, the tenancy will come to an end on the date specified in the section 25 notice. After that date, the tenant has no legal right to remain in occupation of the premises; the landlord has the right of possession. A landlord should therefore take care if the tenant remains in occupation. No money should be demanded or accepted from the tenant after the termination date, nor should the landlord act in any other way, so as to impliedly
A landlord has served a notice on tenants under section 5 of the Landlord and Tenant Act 1987. Can the tenants service a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 if they do not accept the offer? Can the landlord dispose of the freehold upon expiry of the section 5 notice?
Q&As
The Landlord and Tenant Act 1987 (LTA 1987) gives to tenants of residential flats contained in a building the right to first refusal of the acquisition of the landlord’s interest where a sale is proposed. The landlord is required to serve notices on the tenants informing them of his intention to dispose of his interest and providing time to them to consider a purchase at the offer price. The landlord cannot sell the property during that time, and breach is a criminal offence. The tenants are also able to force the new landlord to sell the property to them at the price he paid, if notice of the sale is not given to them. For the right to