This Q&A assumes that the property is in England. It is not known how long the current tenant (subtenant’s) lease is, nor the length of the intermediate tenancies. Any lawful subtenant may acquire the freehold or an extended lease of a house under LRA 1967, Sch 1, regardless of the number of intermediate tenancies (including reversionary tenancies) which lie between the subtenant and the freeholder, by serving notice of claim (under

This question raises the distinction between the landlord and the right to manage (RTM) company once the RTM under Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) has been exercised. CLRA 2002, Pt 2 gives certain leaseholders the right to acquire the RTM the block in which their flats are situated. Essentially, there must be two or more lessees holding leases granted for more than 21 years of residential flats, provided that those lessees hold the leases of not less than 2/3 of the total number of flats (CLRA 2002, ss 72, 75–76 and 112). The RTM is acquired through the RTM company (CLRA 2002, s 71). Once the right has been acquired by the RTM

The statutory provisions found in the Landlord and Tenant Act 1985 (LTA 1985) regulating service charges apply to all dwellings and cover all residential leases, except where LTA 1985, s 26 applies. Section 26 provides for an exception in the case of tenants of certain public authorities. Under LTA 1985 a tenant may be entitled to withhold payment of service charge if any one of the following applies: • demand for payment was not made within 18 months of the relevant costs being incurred and the tenant had not been notified within that period that he would be liable to contribute to them • the demand was not accompanied by a summary of the tenant's rights and obligations in relation to service charge • the landlord has failed to supply the tenant with a statement

A notice served under section 21 of the Housing Act 1988 (HA 1988) does not operate to end an assured shorthold tenancy (AST). It merely gives the landlord the right to begin court proceedings to obtain an order which, when executed, will end the tenancy. Therefore, in the normal course of events, when

Where goods are left behind by a tenant following a lease coming to an end, unless there are express provisions in the lease dealing with ownership and power of disposal, the landlord will become an involuntary bailee of the items. To avoid a claim for conversion or wrongful interference with goods if the items are sold, damaged or disposed of, the landlord should follow the procedures set out in the Torts (interference with Goods) Act 1977. This involves

It is to be assumed that the landlord has brought proceedings seeking forfeiture of the lease for non-payment of rent. As the claim has been successful, it is to be assumed that the lease contained a provision permitting re-entry in the event of non-payment of rent and that the unpaid rent was demanded or section 210 of the Common Law Procedure Act 1852 applies and there was at least six months’ rent outstanding and there is insufficient distress to be found on the property to cover the unpaid rent, in which case, the need for a demand

This Q&A raises the issue of how a landlord can recover costs relying on a clause in the lease when taking proceedings for rent arrears. The Court of Appeal held in Macleish v Littlestone that 'It is well settled that when exercising discretion as to the basis of assessment of costs under the CPR, the court should normally do so in a way which corresponds

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