A tenancy of a dwelling house granted before 15 January 1989 (when the Housing Act 1988 (HA 1988) came into force) will potentially have the protection of the Rent Act 1977 (RA 1977). Such a tenancy is known as a protected tenancy (RA 1977, s 1). When that tenancy comes to an end, for example by service of a notice to quit, the tenant will be a statutory tenant for as long as he occupies the dwelling house as his residence (RA 1977, s 2(1)(a)). Where a protected or statutory tenant dies, provision is made for determining which person, if any, is entitled to become the statutory tenant or entitled to an assured tenancy of a dwelling house by succession (RA 1977, s 2(1)(b)). If the surviving spouse or civil partner of the late tenant was residing in the dwelling house immediately

Forfeiting for non-payment of rent As a general rule, the landlord does not need to serve a preliminary notice in order to forfeit a lease on the grounds of non-payment of rent. See Practice Note: Forfeiture of a lease, in particular section: Forfeiting for non-payment of rent. Forfeiture for other breaches—section 146 notice Unless the tenant’s breach is in respect of non-payment of rent, a landlord cannot

Whether the leaseholder can take any action will depend on the particular facts and circumstances including the terms of the leases, whether there is a letting scheme in place, whether the lease contains a clause requiring the landlord to enforce lease covenants on request from a leaseholder to do so and the terms on which consent was granted to install the wooden floors. If the consent was granted

The concept of an assured shorthold tenancy (AST) was first introduced by the Housing Act 1980 and extended by the Housing Act 1988 (HA 1988). Since further changes made by the Housing Act 1996 (HA 1996), it has become the standard form of assured tenancy (AT). It is a species of an AT with more limited rent control and less security of tenure. It is assumed in this case that the AST for a fixed term was granted post the implementation of HA 1996, ie after 28 February 1997. On the expiry of an AST granted for a fixed term, the tenant, so long as the property let is their only or principal home, will be entitled to remain in possession under a statutory periodic tenancy. The landlord can only obtain an order for possession if at least one of the statutory

In order to answer this question it is necessary to consider: • the nature of the premises • the nature of the tenancy; and • the identity of the tenant We have assumed that the residential tenancy relates to a house. Where the demise is a house Enfranchisement of houses is governed by the Leasehold Reform Act 1967 (LRA 1967). A tenant of a long leasehold house and any attendant premises (eg a garden, garage, yard etc) who has owned the property for at least two years has a statutory right to acquire the freehold (and any intermediate leasehold interests). Nature of Premises For these purposes, a house is defined as ‘a building designed or adapted for living in and reasonably so called, notwithstanding that the building is not structurally detached, or was not or is not only solely designed or adapted for living in, or is divided horizontally into flats or maisonettes’, see: LRA 1967,

Lease of flat and pub to individuals running pub business and occupying flat In the event that the tenant of the lease of the pub and the flat and the individuals running the pub business and occupying the flat are one and the same, consideration needs to be given to whether the lease falls within the business tenancy (Landlord and Tenant 1954 (LTA 1954)) or the residential tenancy (Housing Act 1988 (HA 1988)) security of tenure provisions. A tenancy will fall within LTA 1954 if the whole or part of the demised premises are occupied by the tenant for the purposes of their business or for those and other purposes. The expression 'business' includes any trade, profession or employment. It also includes any activity carried on by a body of persons, whether corporate or unincorporate. Therefore, there are three essential conditions for protection under LTA 1954 to apply:

The effect of Part II of the Landlord and Tenant Act 1954 (LTA 1954) is to provide security of tenure to business tenancies that fall within its provisions. LTA 1954, s 24(1) provides that a protected tenancy does not come to an end unless terminated in accordance with the provisions of LTA 1954. The effect is, therefore, to disapply the contractual expiry date of the lease, with the tenancy continuing in full force until terminated or a new tenancy is granted under the provisions of LTA 1954. The landlord is, therefore, not in a position to grant a new lease

Section 8 of the Housing Act 1988 provides a fault-based method for a landlord to obtain possession of residential premises let under an Assured or an Assured Shorthold Tenancy. One of the grounds is arrears of rent (ground 8). From 29 August 2020 four weeks’ notice must be given where the arrears are at least six months, and six months’ notice must be given where the arrears are less than six months. These periods have been modified by regulations made under the Coronavirus Act 2020 (CA 2020). (See CA 2020, s 81 and CA 2020, Sch 29 as amended by the Coronavirus Act 2020 (Residential

It is assumed that the land is in England or Northern Ireland. Stamp duty land tax (SDLT) is payable on the grant of a lease on any premium given by the tenant and the net present value of the rent payable over the term of the lease. The question is, what is the correct amount of rent to be taken into account in the net present value calculation—the amount of rent stated in the lease or the reduced amount of rent stated in the rent

Statutory rights of succession in relation to an agricultural tenancy only exist if the Agricultural Holdings Act 1986 (AHA 1986) applies to that tenancy. There are two distinct rights of succession, both contained in AHA 1986, Pt IV: • the right to succeed on the death of the

After a court order has been made forfeiting a lease (ie in the form of a possession order) for non-payment of rent, or breach of another type of covenant, the lease is terminated (see Practice Note: Forfeiture of a lease). Technically, the date of termination of the lease is the day on which the landlord’s forfeiture claim was served on the tenant: the order reflects a judicial decision that valid forfeiture occurred at that date. This result applies even if there is an existing (but not decided), or anticipated, application by the tenant for relief from forfeiture. Of course, if a tenant makes an application for relief before the order is made, usually, the court will refrain from making the order until the application for relief itself is heard (eg Sambrin Investments Ltd v Taborn).

Where a landlord is proposing major works—which are ‘qualifying works’ for the purposes of section 20 of the Landlord and Tenant Act 1985 (LTA 1985)—if an unforeseen issue arises (so that some unforeseen work, and therefore extra unforeseen cost, is necessary), the general rule in LTA 1985, s 20 applies. As regards those unforeseen works (and the cost therefore), there will have been no consultation; therefore, the relevant contributions of tenants are limited to £250 (unless the consultation requirements are subsequently complied with; or there is dispensation). The unforeseen works do not invalidate the whole of the consultation. The consultation is only at risk of being ineffective in relation to the unforeseen