Subject to a number of exceptions (as to which, see Schedule 1, Part I to the Housing Act 1988 (HA 1988)), where the tenant occupies a dwelling as their only or principal home, the tenancy will have the protection of HA 1988. As a result, the tenancy can only be brought to an end by obtaining an order for possession in accordance with HA 1988 and by the execution of it (HA 1988, s 5(1)). Once a fixed-term comes to an end, for as long as the tenant lives in the dwelling as their only or principal home, there will be a statutory periodic continuation of it (HA 1988,

In Jet2Holidays Ltd v Hughes, Etherton MR considered the history, development and nature of pre-action protocols (PAPs). He stated (at paras 37–42): ‘37…As Lord Woolf MR explained in the Access to Justice Final Report (2006) (Ch 10, para 6) PAPs were to be “an important part of the system” and were to “set out codes of sensible practice which parties are expected to follow when faced with the prospect of litigation”… 38. The Access to Justice Final Report (Ch 10, para 1) identified PAPs as having the following four purposes: (a) to focus the attention of litigants on the desirability of resolving disputes without litigation; (b) to enable them to obtain the information they reasonably need in order to enter into an appropriate settlement; or (c) to make an appropriate

What is the waste duty of care? Businesses have an obligation pursuant to section 34(1) of the Environmental Protection Act 1990 (EPA 1990) to safely manage and legally dispose of controlled waste. This is known as the waste duty of care. Controlled waste means household, industrial and commercial waste or any such waste. In summary, the waste duty of care requires waste holders to: • ensure that their waste is managed at an appropriately-permitted facility • ensure that those managing their waste do so in accordance with permit conditions • prevent the escape of waste • transfer the waste only to a registered carrier or an authorised permit holder, and • provide a written

Damages for disrepair at the end of a lease requires consideration of two sets of principles. First, the common law measure of damages for breach of a covenant to yield up in repair. Secondly, the two statutory rules imposed by section 18(1) of the Landlord and Tenant Act 1927 (LTA 1927). See Practice Note: Dilapidations claims at the end of the term. At common law,

In considering this Q&A it is important to bear in mind that when entering into a commercial lease it is likely that both parties are acting within the course of a business. As such, the starting point is to assume that both parties are free to enter into any contractual document and to negotiate the terms accordingly. There is no code of conduct in relation to the granting of leases of commercial leases and no restriction on the tenant’s

The form of the statutory declaration prescribed by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096, Sch 2 includes the following optional statement

In respect of all tenancy agreements entered into on or after 1 February 2016, private landlords are obliged under section 22 of the Immigration Act 2014 to check, prior to granting a tenancy, whether or not prospective tenants or occupiers are allowed to occupy the property by virtue of qualifying immigration status. Landlords must also ensure that the tenant’s right to occupy does not lapse during the term

Surrender In these circumstances it is likely that a surrender by operation of law will have occurred. A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is demonstrated by the delivery of possession by the tenant and acceptance by the landlord. The landlord must have the intention to accept the surrender. When a surrender by operation of law is accepted, the tenancy

A series of legislative changes has progressively tightened the regime relating to deposit protection. After 2012, a landlord had 30 days to protect the deposit and provide the relevant prescribed information to the tenant. A failure to comply with these obligations penalises the landlord in two ways. A landlord seeking to obtain possession of the property is debarred from relying upon the section 21 procedure (section 21 of the Housing Act 1988 (HA 1988)) allowing the giving of two months’ notice without reason in order to obtain possession of the property (section 215 of the Housing Act

Does the subtenant need to remain in occupation until the contractual expiry date? Grounds 30(1)(f) (demolition) and (g) (landlord occupation) under the Landlord and Tenant Act 1954 (LTA 1954) both give rise to statutory compensation under LTA 1954, s 37. In the Chancery Division case of Sight & Sound Education Ltd v Books etc Ltd, where a landlord served a section 25 notice bringing the tenancy to an end five months after the contractual expiry date, and the tenant then vacated shortly before the contractual expiry, and therefore at that stage lost the protection of LTA 1954, the court held that the tenant’s

Can the tenant claim its costs from the landlord? There is no general statutory entitlement for the tenant to claim its costs from the landlord. It would be necessary to review the terms of the lease to see if there is any entitlement for the tenant to claim its costs in this situation. It would be unusual for there to be any such entitlement under the terms of a lease. It is not clear in this Q&A whether the inspection was solely undertaken by the tenant to ascertain whether or not there had been a breach, or whether it was undertaken by the landlord and the

For the purpose of this Q&A it has been assumed that: • the property is in England • the tenancy is not a contractual periodic tenancy and the notice was served under section 21(1)(b) A notice requiring possession of a property let under an assured shorthold tenancy may be served under section 21 of the Housing Act 1988, provided various pre-conditions, and the requirements for the notice itself, are met. For information on termination