The procedure for terminating an assured shorthold tenancy pursuant to section 21 of the Housing Act 1988 (HA 1988) was designed as a simple no-fault method for landlords to terminate a residential tenancy by the giving of two months’ notice. The procedure has become considerably more complicated due to a number of statutory restrictions which require the provision of certain specified information and documentation, and the protection of tenancy deposits, among other things. Where the tenants have learning difficulties, it is possible that the Equality Act 2010 (EqA 2010) will afford a defence if the reason for the eviction is discriminatory and the learning

Under the section 60 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), the tenant who has brought a claim for a lease extension under LRHUDA 1993, s 42 is liable to pay the landlord’s reasonable costs of and incidental to any of the matters which are set out in LRHUDA 1993, s 60(1), namely: ‘(a) any investigation reasonably undertaken of the tenant’s right to a new lease; (b) any valuation of the tenant’s flat obtained for the purpose of fixing the premium or any other amount payable by virtue of Schedule

The party entitled to the easement has a right to use the land of the other person for the purposes for which it was granted or has arisen. For it to be actionable, there has to be a substantial interference with that right, namely the right of way. In Keefe v Amor, Mummery LJ said: ‘There is no actionable interference with a right of way if it can be substantially and practically exercised as conveniently after as before the occurrence of the alleged obstruction’. More recently, in B&Q plc v Liverpool and Lancashire Properties Limited, Blackburne J explained: ‘the test…is one of convenience and not necessity or reasonable necessity. Provided that what the grantee is insisting on is not

Where a force majeure clause lists specific events, whether a court would consider this as indicative of the type of event constituting force majeure will largely depend on an interpretation of the particular clause, having regard to the contract as a whole and the circumstances and matters that the parties would be expected to be concerned about. Force majeure TThe term ‘force majeure’ is not a technical term with its own clearly defined meaning under English law. The courts have sought, through their decisions on individual cases, to give guidance as to what in specific circumstances are and are not covered by the term. However, there remains no general definition. The term force majeure has been held in Lebeaupin v Crispin to go beyond what the courts understand by the terms, 'act of God' or 'vis major'.

We have assumed that the former tenant is either the original tenant or gave the landlord a direct covenant to comply with the lease terms for the remainder of the term. Where a former tenant under an ‘old’ lease (for the purpose of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)) remains liable for lease covenants, and the claim against the current tenant is compromised, the effect is likely to depend on the precise terms of the compromise. A former tenant remains liable by privity of contract (they are not a guarantor of the current

Federations are governed by the Education Act 2002 (EA 2002) and the School Governance (Federations) (England) Regulations 2012 (School Governance Regulations 2012), SI 2012/1035 which set out what a federation and its management should look like, how schools may join and leave and how a federation can be dissolved. A federation is defined by EA 2002, s 24 as being two or more schools operating under a single governing body. Under School Governance Regulations 2012, SI 2012/1035, a prescribed process is set out for governing bodies which decide to federate. A school can join an existing federation or establish a new one. Newly establish schools can also federate on creation. Each governing body must consider a proposal at a governing body meeting see School

It is open to the parties to a lease to agree a variation of its terms. However, in certain circumstances which are prescribed by statute, one party to a lease may apply to the appropriate tribunal to have the lease varied even though the other party to the lease does not agree to the variation. Part IV of the Landlord and Tenant Act 1987 (LTA 1987) makes provision for the variation of leases. LTA 1987, s 35 permits a party to a long lease of a flat to apply to the appropriate tribunal for an order varying the lease, however, such an application is only permitted on certain specified grounds which are set out in LTA 1987, s 35(2). These grounds all

Every highway maintainable at public expense vests in the highway authority under section 263 of the Highways Act 1980 (HiA 1980). As such, the highway belongs to the highway authority and its ownership is considered to go as far down as far as is

Compulsory registration The Land Registration Act 2002 (LRA 2002) provides for the compulsory registration at the Land Registry of an estate in land upon the occurrence of certain events. LRA 2002, s 4 sets out the circumstances which trigger a compulsory registration. These include the grant out of a qualifying estate in land of an estate in land for a term of years absolute of more than seven years. A ‘qualifying estate’ is defined as a freehold estate or a leasehold estate which has more than seven years to run. Generally, a five-year lease granted out of unregistered land will not therefore trigger compulsory registration of the lease itself and there will not be a registered freehold title at the Land Registry against which the five-year lease can be noted. LRA 2002, s 4 however also sets out certain categories of leases where registration of the lease itself is compulsory even though the term of the lease is equal to or less than seven

Section 82(1) of the Law of Property Act 1925 (LPA 1925) does not allow a person to covenant with himself but only with himself and others. As to the impossibility of a person granting a lease to himself or a number of persons granting a lease to themselves

If the section 5 of the Landlord and Tenant Act 1987 (LTA 1987) applies to this property, it must be a building or part of a building divided into at least two flats held by qualifying tenants and the number of flats in the building held by qualifying tenants must exceed 50% of the total number of flats in the same. A qualifying tenant will be any residential tenant other than one occupying under an assured shorthold tenancy or a tenant whose tenancy is terminable on the cessation of his employment or is an assured or an assured agricultural tenancy. In this scenario, as the freehold is held subject to long leases, it is assumed that each flat is let on a long lease. The tenants of those long leases will

A right of way is an easement and the express grant or reservation of an easement must be completed by registration—section 27(2)(d) of the Land Registration Act 2002. The benefit and the burden of the easement will be recorded on the titles respectively of the dominant and servient lands. Easements granted or reserved prior to 13 October 2003 are overriding interests, but easements granted thereafter are not. Section 62 of the Law of Property Act 1925 (LPA 1925) provides that a conveyance of land is deemed to include and shall operate to convey with the land various