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

On the death of the tenant, the tenancy forms part of the deceased’s estate and vests in their personal representatives (PRs). If there are no PRs or the tenant has died intestate,

It appears that in this scenario the original fixed term lease, which expired on 2 August 2018 was contracted out of the provisions of Part II of the Landlord and Tenant Act 1954 (LTA 1954), as were those provisions to apply there would be a statutory continuation of the tenancy until either the landlord or the tenant served notice under LTA 1954, ss

What is Ground 8? If a landlord of an assured shorthold tenancy, or an assured tenancy, wishes to invite the court to make an order for possession to take back the property, section 7(1) of the Housing Act 1988 (HA 1988) says: ‘The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more grounds set out in Schedule 2 to this Act.’ The Grounds are initially set out in a notice of seeking possession served under HA 1988, s 8. Once the period set out in the notice has expired, the landlord can apply to the court for a possession order. This is an alternative

The landlord can specify the date of the end of the contractual term as the date for termination in the section 25 notice so long as the section 25 notice still gives not less than six months’ and not more than 12 months’ notice from the date of service of the notice. The landlord cannot specify a date any earlier than the date of the end of the contractual term. Please note that the date of service

By section 16 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), where a tenant is released from a tenant covenant by virtue of the Act upon assignment of the lease, the tenant may enter into an authorised guarantee agreement (AGA) in respect of the performance of the covenant by the assignee. It is necessary for the provisions of LT(C)A 1995, s 16 to be complied with in order that the AGA be valid. Further, where a former tenant is released from a covenant by virtue

Property analysis: Jonathan Upton, barrister at Tanfield Chambers’, examines Francia Properties Limited v Aristou where the court considered the question of whether a landlord’s right to redevelop property conflicted with the rights of a right to manage (RTM) company to manage the building under Part II, Chapter I of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002).

It is often the case that, where a party has granted rights to another over land and then sells or transfers that land, difficulties can arise in establishing the nature of that right and whether it continues. Much will depend upon the nature of the grant of permission. Frequently, an informal agreement will be reached to allow a neighbour to (for example) park on land. In the event that such permission