Recovering rent arrears On the basis that rent was properly due and payable, Practice Note: Recovering rent arrears explains that the landlord may be able to look to former tenants (or their guarantors) for payment of rent or service charge arrears. See Scottish & Newcastle v Raguz. For leases dated before 1 January 1996, a landlord can recover from: • the existing tenant • the original tenant • a former tenant who has given a direct covenant to be liable for the remainder of the term, and • any guarantors of the above For leases dated 1 January 1996 and after, a landlord can recover from: • an existing tenant • an assignor (and guarantor) pursuant

This question is addressed in Commentary: Requisite majority: Tenants' Right of First Refusal [2.57], which explains that the Landlord and Tenant Act 1987 (LTA 1987): ‘applies to a tenant's successor in title [LTA 1987, s 20(3)]. Accordingly, if the requisite majority accept an offer contained in a s 5 notice and appoint a nominee to act on the purchase, and then one of the tenants assigns his lease, the tenants can continue

Accelerated possession proceedings apply to properties let on an assured shorthold tenancy, provided the conditions specified in CPR PD 55.12(1) are satisfied. Principally, there must be a written tenancy agreement and notice must have been given under section 21 of the Housing Act 1988 (HA 1988). The claim is brought by using Claim Form N5B. This form should contain all the required information and it should be accompanied by such documents as the form requires (principally the tenancy agreement and the notice under HA 1988, s 21). Where the procedure is correctly used, the claimant

Requirements for a section 21 notice served in respect of a tenancy agreement entered into before 1 October 2015 For the duration of the three-year transitional period under section 41 of the Deregulation Act 2015 (ie 1 October 2015–30 September 2018), the requirements as to the form of notice, and other requirements for serving a valid section 21 notice in respect of tenancies entered into before 1 October 2015, remain as before. In particular, the requirements to have provided a

It has been assumed for the purposes of this Q&A that the withholding of consent relates to an alienation request (ie a request was to assign/underlet/charge/part with possession). If, however, it related to alterations, the response will need to be revisited as it is governed by different case law and statutory provisions. As a starting point in that regard, see: Alterations and improvements for property disputes lawyers—overview. Unreasonable withholding of consent As set out in Practice Note: Landlord's consent to assign or underlet, in the case of Ansa Logistics v Towerbeg, the High Court confirmed that consent to assign/underlet cannot normally be refused simply because the landlord is able to identify a breach of covenant. The question is whether the breach of covenant is of such a nature as to justify the refusal of consent. See commentary:

There being neither a direct contractual relationship nor privity of estate (privity of estate exists between a landlord and tenant under the same lease) between a superior landlord and a subtenant, the superior landlord cannot generally enforce the covenants in the sublease and the subtenant is not liable under the covenants contained in the headlease. Even so, if the headlease and sublease are drafted efficiently and the tenant (sublandlord) is under an obligation

The Landlord and Tenant Act 1987 (LTA 1987) applies where a landlord wishes to make a relevant disposal affecting a building where at least one half of it is residential in nature. A relevant disposal is the disposal by the landlord of any estate or interest (whether legal or equitable) in any such premises, including the disposal of any such estate or interest in any common parts of any such premises. Where LTA 1987 applies, the landlord must first serve notice on the tenants giving them the right to acquire

LTA 1954 and contracting out Most business tenancies where the tenant occupies the premises have statutory security of tenure under Landlord and Tenant Act 1954 (LTA 1954), which imposes a process that must be followed to bring the tenancy to an end, even after the expiry of a fixed term. It does not apply to tenancies at will. The degree of security afforded by LTA 1954 can be valuable for tenants. However, it is not uncommon for the parties to agree that as part of their bargain these provisions of LTA 1954 will not apply to a fixed term tenancy. Contracting out of LTA 1954 is not as simple

In these circumstances, a refusal by the tenant to allow the landlord access to inspect the premises will be a breach of the terms of the lease, because the lease includes a clause which entitles the landlord to access the property to inspect it, after a specified notice period. We are not aware of any authority to confirm that a landlord may access the property without the consent of

This may fall into the category of cases where the lease is a document for which no form is prescribed and therefore it has to be in such form as HM Land Registry (HMLR) may direct or allow (Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 212) . It would be prudent to adapt the execution clause to resemble those set out in LRR 2003, SI 2003/1417, Sch 9 as closely as possible or other possible clauses

The regulation of asbestos in commercial buildings is contained with the Control of Asbestos Regulations 2012, SI 2012/632 (the Regulations) which came into effect in April 2012. It is best practice to read the Regulations, SI 2012/632, in conjunction with the Approved Code of Practice (ACoP) published by the health and safety executive (HSE). To manage the risks from asbestos in non-domestic premises, a duty holder is required to carry out a ‘suitable and sufficient’ assessment to determine whether asbestos or asbestos-containing material is, or is liable to be present in the premises (the Regulations, SI 2012/632, reg 4(3)). This will include the duty to:

Is an EPC required on lease renewal for a domestic property? An Energy Performance Certificate (EPC) gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is based on a complex calculation, which looks at a number of factors such as the age and type of building and its construction, insulation and heating systems. Energy Performance of Buildings (England and Wales) Regulations 2012 (EPB Regs 2012), SI 2012/3118, reg 6 provides that (subject to certain exemptions) an EPC must be provided to a