The Agricultural Holdings Act 1986 (AHA 1986) continues to apply to: • all agricultural tenancies created before 1 September 1995, and • certain tenancies (principally succession tenancies) granted after that date which are specifically excluded from the application of Agricultural Tenancies Act 1995 See Practice Note: Agricultural tenancies—notices to quit an agricultural holding for guidance on terminating a tenancy of an agricultural holding. A tenant of a tenancy protected by AHA 1986 may be entitled to compensation for 'tenant-right' (compensation to which an agricultural tenant is entitled under custom for expenditure

Quite often, a lease of residential or commercial premises which is situated in a block or an estate will contain a series of restrictions or obligations to regulate how it is managed or used. Among the stipulations might be requirements not to create a nuisance to other lessees or occupiers, not to park other than in particular areas, not to use certain areas for particular recreational purposes or to use only a specific area for the deposit of litter and waste. Such regulations enhance the amenity of the neighbourhood and with it the value to both lessees and lessor. It is in the interest of all concerned that such stipulations be observed. There is no hard and fast rule as to the types of stipulations which might be included. Often they

Broadly, there are clear three steps to forfeiture of a long residential lease for non-payment of service charge: • final determination or admission that an amount of service charge is due and owing • serving a forfeiture notice under section 146 of the Law of Property Act 1925 (LPA 1925) in relation to the finally determined/admitted sum, and • service of a claim for possession, based on non-payment of the finally determined/admitted sum However, the exact consequences of taking the third step are not entirely certain in all respects as regards whether and when the forfeiture (ie termination of the lease) occurs. Several features of the legal position have been

Parochial Church Councils (PCCs) derive their legal status from, and are constituted as bodies corporate by, the Parochial Church Councils (Powers) Measure 1956, s 3 (a ‘measure’ has the same effect as an Act of Parliament). They do not have constitutions or memorandum and articles, but are legally recognised charities by the Charity Commission because the functions they perform (being the advancement of religion and provision of public worship) are deemed charitable as a matter of law. A PCC is made up of

An Agricultural Holdings Act 1986 (AHA 1986) tenancy ('AHA 1986 tenancy') relates, as the name suggests, to a tenancy of an agricultural holding. An AHA 1986 tenancy provides, among other things, significant safeguards as to security of tenure and succession rights. The rights and obligations of the landlord and the tenant with respect to the let will be set out in the written tenancy agreement forming the AHA 1986 tenancy, supplemented, where necessary, by the model clauses set out in regulations promulgated from time to time. The current regulations are the Agriculture (Model Clauses for Fixed Equipment) (England) Regulations 2015, SI 2015/950,

Restrictions on the section 21 procedure Section 21 of the Housing Act 1988 (HA 1988) enables a landlord to serve a notice on a tenant and to gain possession of the premises: • at the end of the fixed term if it is a fixed-term tenancy • at any time if a periodic tenancy However, there are statutory restrictions on when a valid section 21 notice can be served. HA 1988, s 21A(2) provides that a landlord cannot serve a valid section 21 notice in respect of an assured shorthold tenancy of a property in England if they are in breach of a ‘prescribed requirement’ in relation to: ‘(a) the condition of dwelling-houses or their common parts, (b) the health and safety of occupiers of dwelling-houses, or (c) the energy performance of

In England and Wales, property ownership must be considered in respect of both the legal and the beneficial ownership. Legal ownership of a property is connoted by registration at HM Land Registry, or, if the land is unregistered, by producing evidence (an epitome) of title, such that that person is entitled to be registered as the legal owner. Often, the legal and the beneficial owner will be one and the same person. However, where there is joint legal ownership, or where the beneficial owner differs from the legal owner, a trust will arise. The legal owner will hold the beneficial ownership of

Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, with proper materials so that the dwelling is fit for human habitation. 'Fit for habitation' does not impose a separate obligation, but is the standard by which 'workmanlike manner' and 'proper materials' are to be judged. The duty is owed by all persons taking on such work. The duty also extends to anyone who arranges for such work to be carried out: • in the exercise of statutory powers, or • in the course of a

In many cases, a landlord of a commercial lease which includes a residential flat would only need to serve their normal rent demand before applying to court for possession or forfeiture for non-payment of rent. In order for a landlord to have the right to forfeit on the basis of non-payment of rent, this right must either be provided for as a express term of the lease; or in the absence of an express provision in the lease, the right has arisen due to a breach by the tenant of an express or implied condition of the lease. For more information on the landlord’s right to forfeit, see Practice Note: Forfeiture of a lease. The landlord should check the terms of the lease to see whether

It has been held since Mitas v Hyams [1951] 2 TLR 1215 (not reported by LexisNexis®) in the Court of Appeal that a landlord and tenant can by an oral agreement vary the timing of payment of rent from that set out in the lease where that agreement has been acted on and performed. In other words, if the lease says that rent should be paid quarterly, but an oral or written agreement was made to pay it monthly,

For a tenant to have the right to a new lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), they must have been a qualifying tenant of the flat for at least the last two years—LRHUDA 1993, s 39(2)(a). In this scenario the leaseholder (‘A’) and their sister (‘B’) were joint tenants and registered as joint proprietors. A and B then assigned the lease to A and A was registered as the sole proprietor. We are not aware of any case law dealing with the issue of whether A can count the portion of time that they were

The form of the tenant’s notice is prescribed by the Leasehold Reform (Notices) Regulations 1977, SI 1997/640, Sch, Form 1. Within this form, a tenant is required to provide particulars of the house and premises