We have assumed that time is not of the essence, and the rent review can be validly triggered by the current landlord. There is a presumption that time is not of the essence in rent review clauses (United Scientific Holdings v Burnley Borough Council). However, the terms of the relevant lease should be carefully considered, as this presumption can be rebutted by the express words of the lease. If time is not of the essence, this means that the rent review can be triggered many years after the review

When a plot of land is subject to a number of leases it is common for the landlord to reserve the right to deal with such parts of it as are not demised. This might extend to a right (such as it would be required) to grant further leases or to impose regulations as to the extent to which the tenants might use or enjoy those other parts without having exclusive possession of them under the terms of the leases. For these purposes it will be necessary to identify the land over which the landlord has those rights. Alternatively, the concept might be used as a means

By section 19 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993): ‘(1) Where the initial notice [ie the section 13 notice] has been registered in accordance with section 97(1) [ie under the Land Charges Act 1972 (for unregistered land) or Land Registration Act 2002 (for registered land)], then so long as it continues in force: (a) any person who owns the freehold of the whole or any part of the specified premises or the freehold of any property specified in the notice under section 13(3)(a)(ii)

An option for a tenant to purchase the freehold is collateral to, independent of, and therefore, not incident to the relation of landlord and tenant. It relates to the freehold and not the leasehold interest. Regardless of whether

The application and enforcement of any lease covenant is always a matter of interpretation of the covenant, in the context of the lease as a whole, and taking into account the relevant factual background. For guidance, see Practice Notes: Contract interpretation—the guiding principles and Contract interpretation—rules of contract interpretation. As a matter of normal language, where (as here) a

Section 52 of the Law of Property Act 1925 provides that all conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed. In order to be a valid deed, the document must be in writing, it must be clear on the face of the document that it is intended to be a deed (for example the document could describe itself as a deed), and it must be validly executed as a deed. Some deeds need to be in a specific form pursuant to the Land Registration Rules 2003, SI 2003/1417, r 206. Whether the deed is valid will

Eviction of a tenant Section 6(1) of the Criminal Law Act 1977 (CLA 1977) states: 'Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that— (a) there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and (b) the person using or threatening the violence knows that that is the case.' Under the legislation which governed forcible entry to premises prior to the coming into force of CLA 1977, it had been held that merely removing locks was not unlawful so long as there

Nature of a reversionary lease The expression 'reversionary lease' describes a lease under which the right to possession is postponed so as to take effect upon the expiry of an existing lease. Compulsory registration Sections 4(1)(c) and 27(2)(b)(i) of the Land Registration Act 2002 (LRA 2002) provide for compulsory registration of a lease which is granted (out of either an unregistered or registered title) 'for a term of years absolute of more than seven years from the date of the grant'. LRA 2002, s 6 provides that the period within

Where a lease with the protection of the Landlord and Tenant Act 1954 (LTA 1954) expires, the tenancy nevertheless continues under LTA 1954, s 24. Where the parties have agreed on the grant of a new lease, but the terms of that lease (including as to the date on which the term starts and from which rent will be

Is rent payable at all, during the statutory continuation tenancy and is it payable at the reviewed level or as interim rent under the Landlord and Tenant Act 1954? We cannot locate any authority specifically on this point, and it will depend upon the exact wording of the lease, but the likely effect of a rent review being expressed to be 'for the last two days of the lease' (which appears to be another way of

It is increasingly common for the obligation of a lessee as regards the condition of demised premises to be fixed by reference to a schedule recording the state of affairs at the commencement date. The lessee will then be obliged to maintain it to that standard, ensuring that it is returned in that same condition when the term expires. In most cases, it will be the landlord’s surveyor who draws up the schedule. The prudent tenant will clearly wish to ensure that they are satisfied that it accurately records the condition at the commencement

Holding over Tenancies to which the Landlord and Tenant Act 1954 (LTA 1954) applies, that is to say business tenancies, are continued automatically after the effluxion of the fixed-term until they are brought to an end by a particular notice by either the landlord or tenant, or until the occurrence of certain other contingencies (for example, forfeiture). LTA 1954, s 24(1) provides that when the fixed-term expires, in the absence of any notice by either party the old tenancy continues. The statutory continuation of the tenancy keeps the old tenancy terms in place but varies the mode of determination. No new tenancy is created. All of the terms and conditions of