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

This is an example of a guide which can be sent to clients. It provides guidance for landlords on the principal methods of recovering rent arrears from a tenant of commercial premises. Initial considerations The best option to follow will depend on various matters including: • whether you may want to bring the lease to an end (forfeit) because of the arrears • the terms of the lease • whether the premises are wholly commercial or have a residential use as well • the tenant’s financial position, including whether it is insolvent • the amount which is outstanding • how long the sums have been outstanding • whether a former tenant or guarantor may also be liable • whether there is a sub-tenant • whether there is a rent deposit Check that the rent is due First, check the lease to make sure the rent is due. In the unusual event that the lease requires a formal rent demand before rent is due, that requirement must be met. Check time limits and restrictions • Forfeiture: before asking for or accepting further rent, consider whether you may want to end the lease because of the arrears.

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

A first consideration should be to enquire why B is seeking a legal charge. Is it to ensure the work is done? To allow B to carry out the works in default? Or is it a question of money, ie does B want security that, if A fails to carry out the work, B will receive funds (eg by way of sale of A’s land) to pay for the works? There are a number of ways this could be catered for: The obligation to build However

For a right to light to arise by prescription, whether under common law, lost modern grant, or the Prescription Act 1832, there must be actual enjoyment of the light through defined apertures. Whether window coverings prevent the enjoyment of light is likely to depend on the precise facts,

We have assumed for the purposes of this Q&A that the holding subject to the grazing licence was not used for grazing horses. On grazing agreements generally, see Practice Note: Grazing agreements. We have further assumed for the purpose of this response that the original licence did not constitute a farm business tenancy under the Agricultural Tenancies Act 1995 (ATA 1995). There is a degree of formality about the grant of a farm business tenancy and also the need for compliance with the statutory conditions (such as mandatory provisions in relation to rent in ATA 1995, Pt

Three types of assignment There are, as a generalisation, three common forms that an assignment can take: • legal assignment. In order for a legal assignment to take place the conditions set out in section 136 of the Law of Property Act 1925 (LPA 1925) must be fulfilled. Amongst other things, that section requires a legal assignment to be in writing and signed by the assignor. In the premises, it will be appreciated that the scenario set out cannot amount to a legal assignment; there being no written document in existence