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This checklist is intended chiefly for assignments of commercial leases. It is not comprehensive and cannot anticipate every scenario across all deals. Always consider whether additional points require attention. It proceeds on the basis that: the lease concerns commercial premises let at open market rent to an occupational tenant, with the landlord providing the insurance the assignor uses the premises for its business and the assignee likewise plans to occupy for business purposes the lease is a head lease and the premises are free of any underleases the lease is not secured by a fixed charge (which would be rare in practice), and no premium is payable Where the assignment forms part of a broader or more intricate arrangement, consult Sale of commercial property (seller)—checklist and Practice Note: Transferring commercial property—a practical guide. When acting for the assignee, refer to Assignment of a rack rent lease (assignee)—checklist. Preliminary matters See also Practice Note: Transferring commercial property—a practical guide—Preliminary...
Lowe v The Governors of Sutton’s Hospital In Charterhouse [2025] EWCA Civ 857 What are the practical implications of this case? The tenancy deposit regime is not elegantly drafted and has prompted a wave of technical litigation. This judgment offers useful clarity on how courts approach imperfect landlord compliance: A prescribed information certificate containing an inaccuracy should be interpreted as any statutory notice. If a reasonable recipient would grasp the correct details from it, the legislative requirements are treated as satisfied. The absence of a signature on the prescribed information certificate did not invalidate it. Here, the certificate was sent with a covering letter signed by the landlord’s agent; read together, the latter authenticated the former for the purposes of the statutory scheme. What was the background? In January 2010, C entered a contractual fixed-term tenancy of a residential flat within the Charterhouse complex in central London, paying a £3,300 deposit at the outset. Owing to an alteration in the...
In this issue: Residential tenancies Repairing obligations and dilapidations Enforcing security and property insolvency Disputes and remedies Key developments and horizon scanning Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Residential tenancies An end to unmeritorious tenancy deposit claims (Lowe v The Governors of Sutton’s Hospital in Charterhouse) The Court of Appeal in Lowe v The Governors of Sutton’s Hospital in Charterhouse [2025] EWCA Civ 857 upheld the refusal of a substantial claim under the tenancy deposit regime. The central question was whether a prescribed information certificate that, first, contained a mistake and, second, lacked a signature nevertheless complied with section 213 of the Housing Act 2004 (HA 2004) and the related 2007 Order. Applying the Mannai principle and adopting a purposive reading of the statutory scheme, the court held that the certificate was sufficient to meet those requirements. This...
In this issue: Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change Defra has begun consulting on its intended framework for the fifth round of reporting under the Adaptation Reporting Power (ARP5). It is inviting views on expanding the scope to bring in Strategic Authorities and on introducing targeted mandatory returns to tackle under-reporting. Further, a suite of narrower, sector-focused adjustments shaped with sector stakeholders is outlined. The consultation closes on 20 May 2026. See: LNB News 25/03/2026 67. DESNZ, acting for the UK Emissions Trading Scheme (ETS) Authority, has also opened a consultation setting out proposals to...
ARCHIVED: This Practice Note has been archived and is not maintained Originally prepared for Lexis Practice Advisor® in the United States, this Practice Note outlines the copyright registration process and covers: the advantages of federal registration preparing and lodging a copyright application (online or on paper) applicable filing fees the deposit obligation replying to enquiries from the US Copyright Office the potential for preregistration of particular categories of works The Copyright Office also issued notices revising certain timing provisions and widening electronic submission options in response to the coronavirus (COVID-19) pandemic. For an overview of copyright law, see Practice Note: US—copyright fundamentals [Archived]. Benefits of copyright registration Copyright arises the moment an author commits an original work of expression to a fixed medium (for example, on paper, in a computer file, or as a sound recording). There is no need under the Copyright Act to register a work with the Copyright Office to obtain the bundle...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. For guidance on the Act’s impact on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. This Practice Note outlines the options available to landlords and tenants for bringing an assured tenancy (AT) or an assured shorthold tenancy (AST) in England to an end. It concentrates on the landlord routes under sections 8 and 21 of the Housing Act 1988 (HA 1988), including the requirements for serving a notice seeking possession and the need to evidence any grounds relied upon. The pre-conditions for a section 21 notice include: Providing a gas safety certificate Supplying an Energy Performance Certificate Giving the How to Rent document Complying with a Tenancy Deposit Scheme It also addresses the court process for possession—varying according to whether section 8 or section 21 is used—and the steps to enforce a possession order where required. For material on granting...
These drafting notes are intended to help complete claim form N5B Wales when a private landlord of a residential dwelling in Wales has issued notice to end a standard occupation contract and plans to seek possession through the accelerated possession route. For wider guidance on occupation contracts under the Renting Homes (Wales) Act 2016 (RH(W)A 2016), consult the following Practice Notes: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession Renting Homes (Wales) Act 2016—a summary of the key provisions How to use these drafting notes Form N5B Wales should be used to bring a possession claim for a residential property in Wales let on a standard occupation contract using the accelerated possession procedure. These drafting notes apply solely to completing Form N5B Wales. For information on the standard possession procedure for a Welsh dwelling, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession — Possession proceedings—CPR 55. Different claim forms are required to...
Date [ date ] Parties [ name of Landlord ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], whose registered office is at [ address ] [ together with an address for service in England and Wales at [ address ] ] (the Landlord); [ name of Tenant ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], with its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Tenant); [ [ name of Guarantor ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], having its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Guarantor) ]...
date [ date ] Parties [ name of Managing Agent ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Managing Agent ) [ name of Funder ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Funder ) [ name of Borrower ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Borrower ) Background The Borrower has engaged the Managing Agent to manage the Property pursuant to the Principal Management Agreement. Under the Facility Agreement, a facility has been provided to the Borrower. The Managing Agent has consented to enter into this Agreement. ...
The Housing Act 2004 (HA 2004) The HA 2004 brought in obligations concerning the safeguarding of tenancy deposits, which have been amended on a number of occasions since their introduction. The rules are complex and technical in nature, yet breaches can furnish a defence to possession proceedings under section 21 of the Housing Act 1988 (HA 1988), and may require the landlord to return the deposit and pay a financial penalty of between one and three times the deposit amount for non-compliance...