Penalty clauses A guarantee is a contractual agreement that creates a secondary obligation for the guarantor to support the primary obligation of a third party (the Principal Debtor). The guarantee is a promise that the Principal Debtor will fulfil its obligations and if not, a promise to fulfil these obligations on their behalf. As a guarantee only creates a secondary obligation, if the covenants in the lease are void or unenforceable the guarantee will also be unenforceable. The Supreme Court in the case of Cavendish Square Holding BV v Talal El Makdessi (El Makdessi) and ParkingEye Limited

This Q&A has assumed that: • the head landlord is in liquidation rather than the freeholder • the sub-tenant wants to remain in occupation • there is only one sub-tenant When a company is dissolved, any property that it beneficially owned immediately before dissolution passes to the Crown. This Property is known as ‘bona vacantia’, which means vacant goods, and is the name given to ownerless property. The Crown then has the power to disclaim its title to the property that has become bona vacantia. If the interest is disclaimed, this means that the property will be treated as if it never passed to the Crown.

Looking at the position where A is the landlord, B is the tenant and C takes a subtenancy from B, the basic rules are that: • B can create no better right to occupy the premises than it has as a matter of property law, but can make a contract binding between itself and C on any terms—it is simply that B will be powerless to perform the contract if the subtenancy claims to give rights greater than B has under its own tenancy.

Case study A landlord, ‘X’, granted a Landlord and Tenant Act 1954 (LTA 1954) protected lease to a company (Y). Y granted an underlease to its franchisee, Z, with X’s consent. Y has never been in occupation. The contractual term ended two years ago and X and Y negotiated terms for a renewal lease. Y served a section 26 notice to protect its position. X served a counter-notice and terms for a new lease were agreed. However, Y failed to complete the lease and Z continued in occupation. Y is now calling for a new lease. This raises the following questions: • has Y lost the protection of the LTA 1954 as a result of its failure to issue proceedings?

After a lease has been granted, another lease of the same premises (known as a 'concurrent lease' or, in more modern usage, a 'lease of the reversion') is sometimes granted, for a term beginning before the expiration of the earlier lease and ending before or after the earlier lease. Provided it is made by deed, a concurrent lease operates as a grant of the reversion upon the earlier term and entitles the tenant of the concurrent

For the purpose of this Q&A we have assumed that both the head tenant and sub tenant have leases which fall within the protection of the Landlord and Tenant Act 1954 (LTA 1954). The relevant landlord for the purposes of LTA 1954 notices and proceedings is the ‘competent landlord’, which is determined by identifying the superior interest which fulfils the following conditions: • an interest in reversion expectant (whether immediately or not) on the termination of the tenancy, which will not come to an end within 14 months by effluxion of time; and • no notice (ie section 25 notice/section 26 request) has been given which will end that interest within 14 months (subject to the tenancy

Section 154(1) of the Highways Act 1980 (HiA 1980) provides that where a tree, hedge or shrub overhangs a highway so as to endanger or obstruct the passage of vehicles or pedestrians, the highway authority may serve notice on the owner or occupier of the land on which it is growing, requiring the tree to be lopped or cut to remove the cause of the danger, obstruction or interference. By virtue of HiA 1980, s 154(4), upon a failure to comply with a notice, the authority may carry out the work required and recover the expenses reasonably incurred. HiA 1980, s 154, is consistent with a number of more general provisions of the Act that are also relevant here. HiA 1980, s 41,

A local planning authority (and in certain circumstances, the Secretary of State) is empowered to make Tree Preservation Orders (TPOs) if it appears to it that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in its area. Such order must specify the trees or woodlands to which it relates. Similar provisions apply to trees in conservation areas that are not covered by a TPO. Section 211 of the Town and Country Planning Act 1990 (TCPA 1990) provides that in a conservation area the local planning authority (LPA) shall be notified of intended works to trees. This is to allow the LPA to consider making a TPO to protect

This Q&A assumes that there is no other information contained in the Will, apart from a direction to pay the deceased's debts as soon as possible after their death. The term 'property' is a wide term

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) enables qualifying leaseholders collectively to enfranchise and acquire the freehold of the building within which their flats are comprised. There are various formalities and qualification requirements which appear to have been complied within this scenario. LRHUDA 1993, s 13 provides for the right to claim collective enfranchisement by way of a notice (section 13 notice). Among other things, the notice must state who is to be the nominee purchaser. This may be the two leaseholders in this scenario, or it may be a company that has been

In this Q&A, the freehold owners or leaseholders of the three flats will be referred to as ‘F1, F2 and F3’. The sublessee will be referred to as ‘L’ and the sublessees who are in occupation as ‘S’. Presumably, there is some practical concern about S’s occupation

This Q&A deals with notices seeking possession of property let on assured shorthold tenancies. In particular, where the property is owned by more than one person and/or there is more than one landlord, this question addresses the issue of whether the co-owners are both required to sign the said notice. Introduction Joint tenancy has been the only means of ownership of property at law since the Law of Property Act 1925 relegated tenancy in common to equitable ownership only. It is not clear from the question posed whether or not the co-owners are joint tenants at law; or whether there is only sole ownership in law but co-ownership in