Can an incoming landlord enforce the tenant covenants of an AST? An assured shorthold tenancy (AST) is a type of assured tenancy with reduced security of tenure. If a property is sold subject to a ‘tenancy’ that is a ‘new tenancy’ within the meaning of section 1 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), then under LT(C)A 1995, s 3: • the benefit and burden of all landlord and tenant covenants are annexed to the whole (and each part)

Unlike a marriage, where the court has broad redistributive powers on the making of a decree of divorce, judicial separation or nullity pursuant to the Matrimonial Causes Act 1973, there is limited provision in respect of unmarried cohabitants. The often repeated myth of ‘common law’ husbands and wives having some sort of special status in law is not grounded in fact. Instead, cohabitants must fall back on the law of property and trusts when dealing with jointly owned property on separation and in particular the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) or, where there is a child of the family, potentially

Stamp duty land tax (SDLT) is generally based on the ‘chargeable consideration’ for a transaction. For more detail, see Practice Note: SDLT chargeable consideration. The ‘chargeable consideration’ is, except as otherwise expressly provided, any consideration in money or money’s worth

Discharging a charging order Section 3(5) of the Charging Orders Act 1979 (COA 1979) provides that: ‘The court by which a charging order was made may at any time, on the application of the debtor or of any person interested in any property to which the order relates, make an order discharging or varying the charging order.’ The procedure for applying to discharge or vary a charging order is set out in CPR 73.10B. CPR PD 73, para 3A provides that the judgment debtor or any person interested in any property

It is not clear how the wayleave has arisen. One often sees agreements entered into with the providers of electronic communications under the Electronic Communications Code, the Code( see further Practice Note: New Electronic Communications Code—Code rights) and it is assumed therefore that this is the case here. The Code is to be found in Part 1 of Schedule 3A to the Communications Act 2003 (CA 2003) (inserted by the Digital Economy Act 2017 (DEA 2017)). The Code gives operators (as defined in CA 2003, Sch 3A, Pt 1, para 2) the right to exercise code rights. They in turn are defined and include, in particular, the right to install electronic communications apparatus on, under or over the land; to inspect, maintain, adjust, alter, repair, upgrade or operate

This Q&A assumes that the restriction restricts dispositions by the registered proprietor. Restrictions A restriction can be entered in the register and indicates that the proprietor's powers of disposition are fettered in some way. Its effect is to prevent the registration of a disposition, or to require certain steps to be taken before a disposition can be registered (eg providing evidence of consent given by the person with the benefit of the restriction). The restriction may prohibit the registration of any disposition or may be limited to a disposition of a specified kind. It may prohibit the making of an entry indefinitely or for a particular period or until the occurrence of a specified event such as the giving of notice, obtaining of consent or the making of an order by the registrar or

This Q&A deals with the meaning and effect of two specific restrictions which are commonly seen imposed on the use of land. The restrictions might be freehold covenants or fall to be observed under a lease. Breach of a restriction affecting freehold land might result in the grant of an injunction to restrain it or the award of damages. Breach of a restriction under a lease might result in the landlord taking steps to forfeit it. The first task is to interpret the words of the restriction so as to determine the scope of what is prevented. The Supreme Court most recently stated in the principles to be applied when construing a document in the decision in Wood v Capita Insurance Services Ltd. Delivering

While it is desirable for a party to be released from a mortgage in relation to a property that is to be transferred, that is not always possible. Clause 56 of the Standard order 2.1—financial remedy order provides a precedent order for transfer that may include provision for the order to be subject to the mortgage, ie: ‘The [applicant OR respondent] shall transfer to the [respondent OR applicant] all [his OR her] legal estate and beneficial interest in the [family home OR property OR properties], [as in definition above,] [subject to the mortgage(s)[ as in definition above] secured against the property,] [on [insert date] OR within [insert] days of [the date of this

This Q&A assumes that title to the property is registered and the charge is protected by registration at HM Land Registry, including by way of the standard form of restriction in favour of a chargee. In this scenario, it appears that a sole owner (A) is transferring a property which is registered in their sole name into the joint names of A and another person (B), with an appropriate declaration of trust (with

Principal private residence (PPR) relief is a relief from capital gains tax (CGT). It is available on the gain realised on the disposal of a dwelling house or land occupied and enjoyed with the dwelling house, which is or has at any time during the period of ownership been the only or main residence of the owner. See sections 222–224 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992). The relief is only available on disposals by individuals, trustees and personal representatives (PRs), not on disposals by companies. See Practice Note: CGT—PPR relief for trusts and estates for further guidance on disposals by trustees and PRs. What is a residence? There is no statutory definition of residence for the purposes of

An easement is a right granted to the owner from time to time of one piece of land (the dominant tenement) over another piece of land (the servient tenement) for the benefit of the former. This can include a right of access to enable the owner of land to access their property over the land of a neighbouring property, for example to clean, maintain and repair the rear, as in this scenario. The two pieces of land will normally need to be appurtenant to each other—in most cases this will mean that they are adjoining. Common easements are rights of way and rights of support. The leading case in respect of easements remains Re Ellenborough Park. This

This Q&A considers how trustees, as owners of a property under a Will trust, are able to evict an occupier of the property upon termination of a licence with the assistance of the court. For the purposes of this Q&A, we have also considered whether the occupier has a beneficial interest in the property. A testator can by Will create a trust of property which comes into being on death. The Will should nominate trustees who will be the legal owners of the property, and specific beneficiaries or a class of beneficiaries who are entitled to occupy the property or to its income. The terms of the trust may also allow the trustees to let the property whether