By way of background, if a landlord is proposing to dispose of his interest in a building containing flats in relation to which the tenants hold a right to first refusal, the landlord must serve a notice on the leaseholders giving them the opportunity to buy that interest on the terms set out in the notice before offering the interest to any third party. The form of the notice is governed by section 5 of the Landlord and Tenant Act 1987 (LTA 1987). There are five different forms of notice, dependent upon the circumstances of the disposal. LTA 1987, s 5D covers sales not pursuant to a contract. The notice must provide time for the

The Gas Safety (Installation and Use) Regulations 1998 (Gas Safety Regulations 1998), SI 1998/2451, covers the responsibilities of a landlord to ensure that gas appliances, fittings and flues provided for tenants are safe. Any gas appliance owned by the landlord and provided for the tenant’s use is the responsibility of the landlord (Gas Safety Regulations 1998, SI 1998/2451, reg 36). Since 31 October 1998, when the Gas Safety Regulations 1998, SI 1998/2451 came into force, the Gas Safety Regulations 1998, SI 1998/2451, reg 30 provides that no bedroom should contain a gas fire over 14 kilowatts gross input unless it is a room-sealed appliance. Nor should any bedroom contain a gas fire of 14 kilowatts gross input or less, or any instantaneous water heater, unless it is a room sealed

Development of the law Deposits received on or after 6 April 2007 and before 6 April 2012 originally attracted different rules, because the original provisions of the Housing Act 2004 (HA 2004) (which commenced on 6 April 2007) were amended by the Localism Act 2011 (which commenced on 6 April 2012) but were not retrospective. The Deregulation Act 2015 harmonised the position, and the landlord was given a further period of grace of 30 days within which to protect the deposit and serve prescribed information in respect of deposits received on or after 6 April 2012. If they failed to do this, they became liable to the penalty award under HA 2004, s 214 equivalent to

Part III of the Agricultural Holdings Act 1986 (AHA 1986) sets out the requirements for serving notices to quit all or part of an agricultural holding. The landlord’s notice to quit may contain reasons upon which it is given but this is not mandatory. If the tenant is unwilling to accept the notice to quit, Part III makes provision for the tenant to serve a counter-notice, the effect of which is that the notice can then only take effect if the Agricultural Land Tribunal (ALT) in Wales or the First-tier Tribunal (Property

It is an essential feature of a lease that the landlord grants exclusive possession to the tenant for the term. See Practice Note: Leases and licences of land—key features and differences. Until the lease ends, the landlord has no right to enter the demised premises,

Statute limits a landlord’s right to forfeit (this includes service of a section 146 notice) a long residential lease of a dwelling for non-payment of: • rent • service charge, or • administrative charge See Practice Note: Statutory limitations on the landlord’s right to forfeit a long residential lease. For these purposes, 'dwelling' has the same meaning as in the Landlord and Tenant Act 1985: 'a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.' See Commentary: Restriction on termination of residential

Under section 5(3)(e) of the Housing Act 1988 (HA 1988) a statutory periodic tenancy is on same terms as the fixed-term tenancy it replaces. However, a landlord can increase the rent on service of a notice under HA 1988, s 13. The notice must be in the prescribed form (Form 4 in the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations, SI 2019/915, as amended by the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2016, SI 2016/443). This does not affect the right of the landlord

This answer considers the enforceability of covenants in circumstances where there is a superior landlord, an intermediate landlord, and a tenant. The ordinary rule in relation to the enforceability of contractual provisions is that there needs to be privity of contract between the parties. Thus, at common law, only the parties to the contract can enforce its provisions against each other, even where a term in the contract is intended to benefit a third party. These provisions apply just as much in respect of provisions in a lease, because it amounts to a contract. Therefore, a head landlord is unable at common

This Q&A raises the steps which must be taken to bring an assured shorthold tenancy (AST) to an end—a tenancy of premises occupied by the tenant as an only or principal home which has the protection of the Housing Act 1988 (HA 1988). To bring an AST to an end using the section 21 procedure, the landlord has to serve a

This Q&A relates to a lease of commercial premises. The effect of forfeiture is to determine the lease and any interests deriving out of it, such as subtenancies and mortgages, subject to the right of those parties to apply for relief from forfeiture. Any liabilities under the lease will determine at the point of forfeiture, although claims in respect of sums which have accrued or breaches of covenant which have occurred prior to forfeiture will be preserved. Waiver Once a right to forfeit has arisen, it may be waived if the

This Q&A is concerned with the often vexed issue of grazing rights and the extent to which a grazing agreement may or may not create rights protected by one or other of the Landlord and Tenant Act 1954 (business tenancies) or the Agricultural Holdings Act 1986 (grazing is not a farm business, so is not covered by the Agricultural Tenancies Act 1995). It may also raise questions about the distinction between a lease and a licence. Provided that the tenant’s occupation of the grazed land is, genuinely, not exclusive then it should be possible to frame an agreement in such a way that it does not attract the protection of either one of the above mentioned statutory codes and (unless it specifically says otherwise) in the remainder of this response it is assumed that

Rent increases for assured periodic tenancies Where a tenant occupies residential premises under an assured periodic tenancy, the Housing Act 1988 (HA 1988) provides a mechanism by which the landlord can increase the rent. HA 1988, s 13 enables the landlord to serve a written notice on their tenant which proposes a specified increase in the rent. If the tenant wishes to oppose the rent increase, they can refer the matter to the First-tier Tribunal. The date when a proposed rent increase is to take effect When a landlord serves a notice to increase the rent, HA 1988, s 13(2) specifies when the new rent is to take effect: 'For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may