Dwelling meaning

Checklist—acting for a tenant seeking landlord’s consent to carry out works This checklist, though not comprehensive, sets out principal actions and considerations when representing a tenant of commercial premises seeking the landlord’s consent to undertake works within its demised premises. For key steps and issues when advising a landlord that has received a tenant’s application for a licence to carry out works, see Licence for alterations—acting for landlord—checklist. For a transaction guide, see Practice Note: A practical guide to dealing with licences for alterations. This checklist does not address the additional matters relevant to alterations to an existing higher-risk building (eg, subject to certain exclusions, a building exceeding 18 metres or seven storeys in height and of a description prescribed in regulations—broadly (i) hospitals, (ii) care homes, or (iii) buildings with at least two residential dwellings (in England), or one residential dwelling (in Wales)—so a mixed use building may fall within the higher-risk buildings regime). For guidance, see Practice Notes: Building Safety Act 2022—design and construction requirements of the...

Checklist This checklist, although not comprehensive, sets out the principal actions and considerations when advising a landlord of commercial property on a tenant’s request for a licence to undertake works within the demised unit. For the equivalent points when representing a tenant seeking consent for works, refer to: Licence for alterations—acting for tenant—checklist. For a transaction overview, see Practice Note: A practical guide to dealing with licences for alterations. This checklist does not address the additional matters that arise for alterations to an existing higher-risk building (eg subject to certain exclusions, a building over 18 metres or seven storeys and of a description specified in regulations—broadly (i) hospitals, (ii) care homes, or (iii) buildings that have at least two residential dwellings in England, or one residential dwelling in Wales—hence a mixed use building could fall within the higher-risk buildings regime). For guidance, see Practice Notes: Building Safety Act 2022—design and construction requirements of the higher-risk building regime and Building Safety Act 2022—key issues for property practitioners...

This checklist outlines the matters to weigh up and the actions required to end a periodic standard occupation contract for a dwelling in Wales under the Renting Homes (Wales) Act 2016 (RH(W)A 2016). It covers the bases for seeking possession, compliance with any pre-conditions, notice rules, permitted methods of service, and further steps once a notice has been served. For fuller guidance, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession. On what grounds can possession be sought? Confirm that a lawful ground exists before taking possession action. The grounds relevant to a periodic standard occupation contract are: breach of contract estate management grounds the landlord was persuaded to enter the contract by a false statement from the contract-holder 'no fault' ground, ie the landlord may give notice to terminate where there is no fault by the contract-holder serious rent arrears For further detail on the grounds for possession, see Practice Note: Renting...

In this issue: Property management Investigating title Environment, energy and buildings Residential property Statutory compliance Property in Scotland Property in Wales Transferring property Property insolvency Property taxes Additional property updates this week Daily and weekly news alerts Trackers New Q&As Property management Second edition of RICS service charge standard The Royal Institution of Chartered Surveyors (RICS) has released the second edition of its professional standard on service charges in commercial property. Compulsory for all RICS-accredited practitioners and aimed at UK property managers and occupiers, it seeks to lift standards and foster greater transparency, fairness and consistency in service charge management and administration. The revision addresses key challenges, including issuing budgets and year-end certificates promptly, works to reduce causes of disputes between landlords and tenants, and offers clearer guidance on resolving disagreements. It also aids the negotiation, drafting, interpretation and operation of leases, ensuring alignment with recognised industry best practice....

Rowland v Blades [2021] EWHC 426 (Ch) What are the practical implications of this case? Common intention vs resulting trust The judge concluded the property was not a business venture, albeit there was an investment aspect. It was therefore handled in line with dwelling house/family home authorities. The starting presumption from Stack v Dowden [2007] UKHL 17, [2007] 2 All ER 929—affirmed in Jones v Kernott [2011] UKSC 53, [2012] 1 All ER 1265—that equity tracks the legal title so the parties are beneficial joint tenants in equal proportions, applied. The Privy Council decision in Marr v Collie [2017] UKPC 17 did not dislodge this, as the acquisition arose in a domestic rather than commercial setting. Evidence This ruling underscores the evidential weight of contemporaneous documents, particularly where witness accounts directly conflict. Compensation under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) vs occupation rent in equity Here, compensation under TOLATA 1996 is the appropriate remedy. Traditional equitable occupation...

HMRC v Mr Taher Suterwalla and Mrs Zahra Suterwalla [2024] UKUT 188 (TCC) The taxpayers purchased a family home incorporating an indoor swimming pool, gardens that included a pavilion and a tennis court, and a paddock. On the same day as the acquisition (but following completion), they granted a one‑year grazing lease of the paddock to a neighbour for rent of £1,000 per annum. The FTT concluded that the paddock was not part of the grounds of the house and, as a result, the subject matter of the acquisition overall encompassed land that was not residential, so the generally lower mixed‑use rates of SDLT applied to the transaction. HMRC appealed to the UT on the basis that the FTT erred by taking the grazing lease into account when assessing whether the paddock was part of the grounds of the house and, in the alternative, even if the grazing lease was properly taken into account, the FTT erred in the...

This Practice Note outlines the powers available for addressing anti-social behaviour within an environmental setting, with particular focus on those introduced by the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014). Community Protection Notices What is a Community Protection Notice and what is its purpose? A Community Protection Notice (CPN) is intended to prevent a person aged 16 or above, a business, or an organisation from engaging in conduct that gives rise to specific, continuing problems or nuisances which adversely affect the community’s quality of life...

This ‘how to’ guide considers how to serve a leaseholder deed of certificate (LDC) under the Building Safety Act 2022 (BSA 2022) The service charge protections in Schedule 8 apply solely to ‘qualifying leases’ under BSA 2022, section 119(2) (subject to one exception). An LDC verifies whether the lease meets section 119(2)(d). This ‘how to’ guide outlines the LDC’s format and service, the supporting evidence required, and any relevant deadlines. Under section 119(2) of the BSA 2022, a lease is ‘qualifying’ only if conditions (a) to (d) are all satisfied. Conditions (a) to (c) are relatively clear: broadly, it must be a long lease (over 21 years) of a dwelling, the tenant must be liable for a service charge, and the lease must have been granted before 14 February 2022 — see Practice Note: Building Safety Act 2022—landlord and tenant issues — Remediation of historic defects—definitions. Condition (d) of section 119(2) is met if, as at 14 February 2022, the: dwelling was the relevant tenant’s (i.e....

The Planning case tracker presents significant 2021 judgments of interest to planning lawyers, arranged in reverse chronological order. See also: Planning case tracker-2020 [Archived]. December 2021 20 December 2021 - R (on the application of Rights: Community: Action) v Secretary of State for Housing, Communities and Local Government [2021] EWCA Civ 1954 Planning conditions: The Court of Appeal rejected the appellant’s challenge to the Administrative Court’s conclusion that the planning inspector erred in declining to attach conditions to a planning permission on the basis they were said to be unnecessary. Further analysis to follow... 16 December 2021 - R (on the application of Save Britain's Heritage) v City of London Corp (as local planning authority) [2021] EWHC 3561 (Admin) Planning applications and decisions: The Court of Appeal considered the proper approach to interpreting a planning permission (here, consent for converting a dwelling into commercial ‘units’) when deciding whether...

Under the Leasehold Reform, Housing and Urban Development Act 1993 and Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993 (SI 1993/2407), Schedule 2, paragraph 5(2). TENANT’S NOTICE REQUIRING DEDUCTION OF TITLE BY LANDLORD Concerning the dwelling identified as [ insert address of tenant’s property ] (‘the Flat’) To [ insert competent landlord's name ] [ of OR incorporated in England and Wales with company registration number [ insert company registration number ] whose registered...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 secured Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, consult Practice Note: Renters’ Rights Act 2025—key provisions. These drafting notes are intended for landlords preparing to serve a notice under section 8 of the Housing Act 1988 (HA 1988) to obtain possession of a dwelling let on an assured tenancy (AT) or an assured shorthold tenancy (AST) in England, relying on one of the grounds listed in HA 1988, Sch 2, or for an assured agricultural occupancy. How to use these drafting notes: The section 8 notice should take the following form: Section 8 Notice for properties in England These notes are solely for completing the section 8 notice. Note that from 1 December 2022, in Wales, ASTs, ATs and other forms of residential tenancies and licences of properties were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs...

I, [ name ], of [ address ], do solemnly and sincerely declare that: Following a transfer dated [ date ] between (1) [ name of seller ] and (2) myself [ together with my [ wife OR husband OR [ other ] ] ], [ I OR we ] became the owners of the freehold land ('the Red Land'), which is registered under title number [ title number of declarant’s property ] and is indicated [ edged OR coloured OR hatched ] red on the plan now produced, shown to me and marked '1', which is attached to this declaration ('the Plan'). The Red Land consists of the dwelling and its garden located at [ address or other description ]. On the date of completion of that transfer, [ I OR we ] took possession of the Red Land and have remained in uninterrupted possession from that time. Soon after completion, [ my OR our ] solicitors also submitted an application for [ me OR us...

Assured shorthold tenancies An Assured Shorthold Tenancy (AST) is a form of assured tenancy that permits a landlord to rent out a dwelling, while still keeping the ability to recover possession of the property once the term finishes. This differs from regulated and other assured tenancies, where the occupier might have a right to remain in the home when the term ends. For further detail, see Practice Note: A summary of types of private residential tenancies, under the heading A summary of types of private residential tenancies—Assured shorthold tenancies. As to how an AST arises, the starting position is that any residential letting granted on or after 28 February 1997 will, by default, be an AST, unless the landlord has served a notice on the tenant confirming that the tenancy will not be an AST...

Stop press : The Levelling up and Regeneration Act 2023 obtained Royal Assent on 26 October 2023. This content is presently under review to ensure consistency with the Act. The Community Infrastructure Levy (CIL) originates in section 205 of the Planning Act 2008 (PA 2008) and took effect in 2010. It permits local authorities to levy a charge on new developments within their area where a new dwelling is created or additional floor space of 100sqm or more is provided. The detailed provisions are contained in the Community Infrastructure Levy Regulations 2010 (CILR 2010), SI 2010/948, made pursuant to PA 2008...

Mary Ashley of 15 Old Square Higher SDLT rates apply where an individual buys a major interest in a single dwelling if conditions A–D are met at day‑end: A — consideration of £40,000 or more B — not subject to a lease with over 21 years unexpired C — purchaser owns another £40,000+ dwelling not so leased D — does not replace the only or main residence Dwelling includes a building or part used, suitable or being built/adapted as one dwelling, its gardens, grounds and benefiting land, and off‑plan contracts. Mixed‑use is excluded; no apportionment. As this freehold includes residential and non‑residential parts, it is mixed‑use, so the 3% surcharge should not arise. Sean Randall of Blick Rothenberg Limited The 3% applies to “higher rates transactions” in FA 2003, Sch 4ZA, paras 3–7, each requiring the main subject‑matter to consist of a major interest in at least one dwelling. The chargeable interest includes the first‑floor flat but does...