Pursuant to section 24 of the Landlord and Tenant Act 1954 (LTA 1954), the current tenancy will have continued on the same terms (save as to termination) as it was not terminated in accordance with the provisions of the LTA 1954. However, the effect of an agreement of a new tenancy between the landlord and tenant is that the Act

It is assumed that the lease is being granted pursuant to the Landlord and Tenant Act 1954 (LTA 1954). The Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118, reg 6 provides that where a building is to be sold or let, a valid energy performance certificate (EPC) must be made available. Guidance produced by the Department for Levelling Up, Housing and Communities in respect of EPCs for the construction, sale and let of non-dwellings (the EPC guidance for non-dwellings, (Ch 3) states that the duties in respect of providing an EPC during the sale or renting process (ie under EPC Regs 2012, SI 2012/3118, reg 6) do not apply to lease renewals (see Chapter 3 of the EPC guidance for non-dwellings). However, the Energy Efficiency (Private Rented Property)

This question raises the issue of how a landlord might effect a peaceable re-entry. It focuses upon a particular issue, it being assumed that the notice under section 146 of the Law of Property Act 1925 has been served. It is also assumed that the right to forfeit has arisen, that it has not been waived and that a right of re-entry is reserved by the lease. Care has been taken to ensure that the premises are vacant. This is important

Caravan sites may have multiple different arrangements with plot occupiers, depending on the nature of their occupation, such as pursuant to the Mobile Homes Act 1983 (MoHA 1983). However, the wooden shed in this scenario would not amount to a mobile home and therefore the provisions of MoHA 1983 will not apply. In order to obtain vacant possession of the plot of land, it will need to be determined whether the occupier occupies under the terms of a licence, or

For the purposes of this Q&A, it has been assumed that the direct tenant occupied under an assured or assured shorthold tenancy (AT or AST). In the event that they occupied as a Rent Act 1977 tenant or as a common law tenant, see: Private residential tenancies—overview. In considering the correct procedure to adopt when seeking possession of a property that has been unlawfully sublet by the AT or AST holder, it is first necessary to recognise that there are, potentially, two separate persons who should be named as the defendants to the claim for possession: • the person to whom the original AT/AST was granted, and • the person presently in occupation of the property Terminating tenancy Although it is clear

Section 8 of the Housing Act 1988 (HA 1988) allows a landlord to seek to obtain possession of a property let under an assured shorthold tenancy by proving one of the 17 grounds set out in HA 1988, Sch 2 Pt I. Possession is mandatory if one of grounds 1 to 8 is proved, but discretionary in respect of the remaining grounds. The section 8 procedure (HA 1988, s 8) is a useful tool for a landlord particularly: • in respect of tenancies that are in their fixed term (meaning that the section 21 process (HA 1988, s 21) cannot be relied upon), or • where the landlord has failed to comply with one of the mandatory requirements to enable a section 21 notice

Part of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. If LTA 1987 applies, the landlord shall not make a relevant disposal affecting the premises unless they have followed the procedures set out in LTA 1987, ss 1–20. Failure to do so (without reasonable excuse) constitutes a criminal offence. The procedure begins with service of a notice under LTA 1987, s 5 on the qualifying tenants. Where the disposal is by way of contract, the notice must set out an offer by the landlord which must

Farm business tenancies A farm business tenancy is one which satisfies certain conditions under the Agricultural Tenancies Act 1995 (ATA 1995). Essentially, pursuant to ATA 1995, s 1, a tenancy is a farm business tenancy if it meets: • the business conditions in ATA 1995, s 1(2), and • either the agriculture condition in ATA 1995, s 1(3) or the notice conditions in ATA 1995, s 1(4) The business condition is a condition that at least part of the land is farmed for the purposes of a trade or business and that it has been so farmed since the start of the tenancy. The agriculture condition is a condition that the character of the tenancy is primarily or wholly agricultural (as defined in ATA 1995,

When a landlord sells its interest in a property, it will usually be sold subject to any occupational leases, unless the landlord has the right in the leases to terminate the tenancies prior to sale. There is no automatic right for a tenant to terminate its lease on the

Possession claims following the standard procedure (rather than the accelerated procedure) allow for the landlord to make an additional claim within possession proceedings for rent arrears or damages, pursuant to CPR PD 55A, para 1.7. A single claim form can be used for all the claims, and the rent arrears claim and possession can be disposed of within the same set of proceedings. If the landlord chooses to make use of the accelerated procedure for possession, the claim must be for possession only, and must not include any other claim such as for rent arrears or damages (as per CPR 55.12). The claim must

Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to premises occupied by the tenant for the purposes of a business (LTA 1954, s 21(1)). The provision of residential accommodation can fall within the definition of a business in LTA 1954. However, any parts of the premises which are not occupied by the tenant or their employee are excluded from the ‘holding’ to which the protection of LTA 1954 applies (LTA 1954, s 21(3), Graysim Holdings Ltd v P&O Property Holdings Ltd).

Fixed-term oral tenancies can be created so long as the fixed term is less than three years. Accordingly, this is likely to be a fixed-term assured shorthold (AST) tenancy rather than a periodic one. Therefore, assuming that the tenancy otherwise fulfils the requirements of being an assured shorthold tenancy, and does not fall within the various exemptions (please see the Related Document