In order to recover rent arrears (and certain other sums) from a former tenant or their guarantor it is necessary to serve a notice under section 17 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995). The notice must be served within six months of the date on which the sums became due. Where the landlord has given notice that the fixed charge may increase (for example in respect of a balancing service charge which is yet to be determined), the landlord must serve a further notice within three months of determination of the varied amount, informing the former tenant or guarantor that the landlord intends to recover that

A landlord or a tenant may need information about the other’s interest in the property prior to serving a valid notice to renew or to end a tenancy. Either party can serve a section 40 notice requesting information from the other. Notice served by the landlord is served under section 40(1) of the Landlord and Tenant Act 1954 (LTA 1954) which provides that: ‘ … [(1) Where a person who is an owner of an interest in reversion expectant (whether immediately or not) on a tenancy of any business premises has served on the tenant a notice in the prescribed form requiring

It is fairly common for a landlord who wishes to evict an assured shorthold tenant (AST) to serve both a notice under section 21 of the Housing Act 1988 (HA 1988) and HA 1988, s 8. This is primarily because of the complexities of the law surrounding HA 1988, s 21, such as the requirements to have served the prescribed information and a gas safety certificate. The HA 1988, s 21 procedure was designed to be a no-fault route to possession for landlords by the giving of two months’ notice without having to prove a fault-based ground as is required by HA 1988, s 8. Given the increased complexity and requirements in obtaining possession by way of the HA

One of the methods of termination of a business tenancy with security of tenure under the Landlord and Tenant Act 1954 (LTA 1954), is service of a notice under LTA 1954, s 25. The notice must be served so as to expire no earlier than the contractual termination date of the lease and must give between six and 12 months notice. Where the landlord does not oppose the grant of a new lease, the landlord must set out the landlord's

In order to succeed in their opposition to the grant of a new lease under ground (f), the landlord must show that at the termination of the lease they intend (to paraphrase) to demolish and/or redevelop the premises and they cannot do so with the tenant in occupation. The relevant intention must be shown as at the date of the hearing. The landlord’s intention is composed of two main ingredients; a fixed and settled desire to do the necessary works and a reasonable prospect of being able to do so. The

Where a landlord has served a notice pursuant to section 25 of the Landlord and Tenant Act 1954, opposing the grant of a new tenancy, there is no requirement for a tenant to serve a counter-notice in response. The next stage will be for either the landlord or tenant to make an application to the court. In the tenant’s case, this will be for the grant of a new tenancy and in the case of a landlord, this will be for the termination of the tenant’s current tenancy, without the grant of a new tenancy. The deadline for either

The reference in the question to terminating on the basis of the tenant's breach may refer to (a) forfeiture, (b) opposing a new lease on grounds related to breach of covenant, or (c) some other right to terminate. Forfeiture Where a landlord lawfully forfeits a lease, no compensation is payable to the tenant (absent some agreement to that effect, which would be very unusual). Further, forfeiture ends the tenancy for the purposes of the Landlord and Tenant Act 1954 (LTA 1954), so the tenant will have no right to seek a new lease (LTA 1954, s 24(2)). The tenant

This Q&A covers the situation where registered land is transferred to a third party and that the transfer will not trigger an application for first registration under Part 2 of the Land Registration Act 2002 (LRA 2002). Case study Landlord A has completed a transfer of its interest in a shopping centre complex to Landlord B. Landlord A is in the process of granting leases of part of the property to various tenants. As the transfer of the freehold title has not yet been registered, when should Landlord A stop granting leases? Registration gap Section 27(1) of the LRA 2002, creates a 'registration gap' by providing that: 'if a disposition of a registered estate or registered charge is required to be completed by registration, it does not operate at law until the relevant registration requirements are met.' Therefore the buyer does not obtain legal title until the transfer is registered.

The parties are free to enter into a surrender or agreement to surrender an assured tenancy or assured shorthold tenancy (AST), save that it must be entered into after the grant of the lease, as section 5(5) of the Housing Act 1988 provides that a surrender entered into by the tenant on or before

A landlord seeking to obtain possession of a dwelling house let on an assured tenancy must serve a notice of proceedings on the tenant—a s 8 Notice. The landlord must satisfy the court that one of the mandatory (HA 1988, Sch 2, Part I) or discretionary (Sch 2, Part II) grounds for possession is established (HA 1988, s 7(3) and s 7(4)), and particularise the ground(s) he seeks to rely upon in the s 8 Notice. A court can dispense with the s 8 Notice requirement if it considers it just and equitable to do so, but this discretion does not apply to ground 8 claims. Mandatory Ground 8 The court will make a possession order (subject to any available defence based on the tenant's Convention rights, within the meaning

As a general rule, the landlord could grant either an assured shorthold tenancy (AST) or a licence. Per the leading case of Street v Mountford, an agreement to occupy residential premises will be a tenancy where: • it confers a right to exclusive possession of those premises • for a term • at a rent, and • the parties to it have the intention to create legal relations The letting of a room in a house with the right to use shared facilities is capable of falling within that definition. The sharing of facilities will not preclude a tenancy arising so long as the occupier has exclusive possession of some of the living accommodation,

A landlord may oppose the grant of a new tenancy to a business tenant on grounds set out in section 30(1) of the Landlord and Tenant Act 1954 (LTA 1954). These grounds are explained in Halsbury’s Laws of England: 16. BUSINESS AND AGRICULTURAL TENANCIES > (1) PROTECTION OF BUSINESS TENANCIES > (i) Scope of Protection; Continuation and Termination of Tenancies > F. RENEWAL OF TENANCIES > (C) Landlord's Opposition > (a) Landlord's Opposition; in general. The LTA 1954, s 30(1)(f) ground of opposition is that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial