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.

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

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

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

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

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

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

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: