There being neither a direct contractual relationship nor privity of estate (privity of estate exists between a landlord and tenant under the same lease) between a superior landlord and a subtenant, the superior landlord cannot generally enforce the covenants in the sublease and the subtenant is not liable under the covenants contained in the headlease. Even so, if the headlease and sublease are drafted efficiently and the tenant (sublandlord) is under an obligation

The Landlord and Tenant Act 1987 (LTA 1987) applies where a landlord wishes to make a relevant disposal affecting a building where at least one half of it is residential in nature. A relevant disposal is the disposal by the landlord of any estate or interest (whether legal or equitable) in any such premises, including the disposal of any such estate or interest in any common parts of any such premises. Where LTA 1987 applies, the landlord must first serve notice on the tenants giving them the right to acquire

LTA 1954 and contracting out Most business tenancies where the tenant occupies the premises have statutory security of tenure under Landlord and Tenant Act 1954 (LTA 1954), which imposes a process that must be followed to bring the tenancy to an end, even after the expiry of a fixed term. It does not apply to tenancies at will. The degree of security afforded by LTA 1954 can be valuable for tenants. However, it is not uncommon for the parties to agree that as part of their bargain these provisions of LTA 1954 will not apply to a fixed term tenancy. Contracting out of LTA 1954 is not as simple

In these circumstances, a refusal by the tenant to allow the landlord access to inspect the premises will be a breach of the terms of the lease, because the lease includes a clause which entitles the landlord to access the property to inspect it, after a specified notice period. We are not aware of any authority to confirm that a landlord may access the property without the consent of

This may fall into the category of cases where the lease is a document for which no form is prescribed and therefore it has to be in such form as HM Land Registry (HMLR) may direct or allow (Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 212) . It would be prudent to adapt the execution clause to resemble those set out in LRR 2003, SI 2003/1417, Sch 9 as closely as possible or other possible clauses

The regulation of asbestos in commercial buildings is contained with the Control of Asbestos Regulations 2012, SI 2012/632 (the Regulations) which came into effect in April 2012. It is best practice to read the Regulations, SI 2012/632, in conjunction with the Approved Code of Practice (ACoP) published by the health and safety executive (HSE). To manage the risks from asbestos in non-domestic premises, a duty holder is required to carry out a ‘suitable and sufficient’ assessment to determine whether asbestos or asbestos-containing material is, or is liable to be present in the premises (the Regulations, SI 2012/632, reg 4(3)). This will include the duty to:

Is an EPC required on lease renewal for a domestic property? An Energy Performance Certificate (EPC) gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is based on a complex calculation, which looks at a number of factors such as the age and type of building and its construction, insulation and heating systems. Energy Performance of Buildings (England and Wales) Regulations 2012 (EPB Regs 2012), SI 2012/3118, reg 6 provides that (subject to certain exemptions) an EPC must be provided to a

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