Interim rent meaning

Checklist This Checklist applies when acquiring a long leasehold interest carrying a capital value, rather than a shorter tenancy at an open market rent, which is unlikely to attract any capital value. A purchaser’s solicitor should examine the landlord’s right to forfeit the lease, as in some situations particular forfeiture clauses can render a lease unacceptable as security to a lender and, in turn, unsuitable for purchase. Could the landlord exercise forfeiture upon the tenant’s insolvency? Where the landlord holds a right to forfeit on a tenant insolvency event, the property will not be acceptable security to a lender and is therefore inappropriate as an investment acquisition. Consequently, such a lease is neither appropriate for lending purposes nor for any purchase...

In this issue Key developments and horizon scanning Forfeiture Service charges Disputes and remedies Trespass and adverse possession LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q&As Key developments and horizon scanning The Leasehold and Freehold Reform Act 2024 secured Royal Assent on 24 May 2024, ahead of Parliament’s prorogation. The Department for Levelling Up, Housing and Communities confirmed this in a press release outlining the headline measures. See LNB News 28/05/2024 108. The Royal Institution of Chartered Surveyors has reacted to the passage of the LFRA 2024. RICS welcomes the Act for bringing greater certainty to leaseholders, landlords and the market, while noting lingering ambiguities and points of concern. See LNB 29/05/2024 75. Forfeiture A delay in returning rent did not amount to a waiver of the right to forfeit (The Tropical Zoo Ltd v The Mayor...

In this issue: Public procurement Governance Education Social housing Children's social care Social care Healthcare Local government finance Environmental law and climate change Planning Daily and weekly news alerts New and updated content Public procurement Damages are an adequate remedy in a procurement dispute despite no sufficiently serious breach (Millbrook Healthcare Ltd v Devon County Council) In Millbrook Healthcare Ltd v Devon County Council, the Technology and Construction Court (TCC) determined that, at the interim stage of a procurement claim, whether a breach is “sufficiently serious” is not directly relevant to the question of adequacy of damages; damages can still be the proper remedy. The TCC reviewed established authorities confirming that damages are available in procurement challenges only where the contracting authority’s breach is “sufficiently serious”, a test grounded in EU law. The issue was recently examined in Braceurself v NHS England, where the TCC held that the “sufficiently serious” assessment...

In this issue: Disputes and remedies Repairing obligations and dilapidations Service charges Contractual issues Rent and rates Enforcing security and property insolvency Property disputes in Scotland Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Disputes and remedies Costs application following a partly successful rights to light claim (Cooper v Ludgate House) In Cooper v Ludgate House Ltd [2026] EWHC 484 (Ch), the Chancery Division addressed costs after a decision where flat leaseholders proved both rights to light and their infringement by the developer’s project. Damages in lieu were ordered on a negotiating basis—£350,000 for Mr Cooper and £500,000 for the Powells—while an injunction compelling the defendant to reduce the building to avoid actionable interference was refused (see Cooper v Ludgate House; Powell v Ludgate House [2025] EWHC 1724 (Ch)). The central...

Practice Note This Practice Note sets out the full procedural guidance for court applications to renew or end a business tenancy, covers interim rent applications, and addresses Professional Arbitration on Court Terms (PACT)...

This Practice Note discusses the sanctions in place for those who do not comply with the houses in multiple occupation (HMOs) licensing regime It outlines criminal offences arising from breaches and describes the sanctions available for HMO contraventions, including failures to obtain a licence, non-compliance with licence conditions, or acting in defiance of a banning order. Potential measures include: interim management orders (IMOs) final management orders (FMOs) rent repayment orders (RROs) financial penalties banning orders The Note also summarises how sanctions are pursued and the routes to appeal. Responsibility for enforcing the HMO licensing system sits with the local housing authority (LHA) for the area where the HMO is located. See Practice Notes: Houses in multiple occupation (HMOs) and Houses in multiple occupation (HMOs)—applying for a licence. A range of licensing infringements can attract civil or criminal consequences. The LHA has discretion over the enforcement approach. It must adopt an enforcement policy and ensure that it follows that policy...

Main remedies in Scottish landlord and tenant disputes The principal remedies available in the context of landlord and tenant disputes in Scotland are: Interdict Specific implement Payment action Damages action Rescission Retention of rent Irritancy Hypothec Action for recovery of heritable property Interdict Interdict is a court remedy used to restrain an actual or threatened breach of contract by a party; for example, a landlord may seek it to stop a tenant using the premises for a purpose other than that for which it is let. It is the counterpart of the English remedy of injunction. An interdict can be obtained in the Court of Session (by petition or summons, see: Introduction: Stair Memorial Encyclopaedia [88]) or in the sheriff court (by initial writ, see: Form of writ: Stair Memorial Encyclopaedia [382]). If brought in the sheriff court, proceedings must be raised where the defender is domiciled or where the alleged wrong is occurring....

Introduction Prepare the claim form and particulars using Form LT503A. Landlords seeking an order for a fresh tenancy to be granted to the tenant must do so on Form LT503A. These drafting notes are intended solely to accompany Form LT503A. Relevant Precedents For other relevant Precedents, see: Directions—unopposed LTA 1954 business lease renewal Acknowledgement of service by tenant in unopposed claim by landlord for new tenancy Acknowledgement of service by landlord in unopposed claim by tenant for new tenancy General points Use these notes to help you complete Form LT503A, the claim form used when a landlord of commercial premises asks the court to grant the tenant a renewal lease. The Part 8 route applies; refer to the Practice Note on CPR Part 8 claims (the alternative procedure). Evidence is not required on issue unless directed by the court. You may start the claim at any County Court hearing centre; however, if the selected court does not cover...

Introduction Where a landlord contests a request for a new tenancy under the Landlord and Tenant Act 1954 (LTA 1954), the application must be brought using Form N1. These drafting notes are provided to accompany, and are intended for use solely with, Form N1, which is the required claim form in such circumstances. Other precedents For other relevant precedents, see: Directions—opposed LTA 1954 business lease renewal Landlord’s defence opposing tenant’s claim for a lease renewal General points These notes are designed to assist with completing Form N1 where a tenant of business premises seeks a renewal under the LTA 1954 and the landlord is opposing that renewal. Opposed lease renewal proceedings are brought under the Part 7 procedure, and evidence is filed in accordance with the court’s directions, with the landlord serving their evidence first. A claim can be issued at any County Court hearing centre; however, if it is commenced at a centre that does not serve the...

Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] ] [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] between: [ insert name ] Claimant and [ insert name ] Defendant _______________________________________ DEFENCE _______________________________________ 1 The Defendant contests the Claimant’s attempt to end the tenancy granted by the Claimant to the Defendant. The Defendant does not accept that the Claimant intends to [ demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work of construction on the holding or part thereof ], and calls upon the Claimant to prove the same. 2 [ The Defendant does not rely upon section 23(1A) of the Landlord and Tenant Act 1954...

If the local authority obtains an Interim Management Order (IMO), the authority: is entitled to take possession of the property, as necessary, (subject to the rights of current occupiers) may carry out, where appropriate, and authorise a manager or another person to carry out, in connection with the property anything that a person with an estate or interest would, but for the order, be entitled to do Comparable powers also apply equally where a Final Management Order (FMO) has been made (see section 116(3) of the Housing Act 2004 (HA 2004))...

Section 26 tenant’s request for a new tenancy As you will be aware, a business tenancy can be brought to an end by serving a tenant’s request for a new tenancy under section 26 of the Landlord and Tenant Act 1954 (LTA 1954). The request must identify the date on which the new tenancy is to commence, and the current tenancy ends (subject to interim continuance under LTA 1954, s 64) immediately before the date stated in that notice. A section 26 notice is valid only if given by a tenant holding under: a term of years certain exceeding one year, whether or not continued under LTA 1954, s 24, or a tenancy granted for a term of years certain, and thereafter from year to year. The request must set a start date that is no less than six months and no more than 12 months from the date the request is made, with the new tenancy to commence, at the...

Case study A landlord serves a section 25 notice under the Landlord and Tenant Act 1954 (LTA 1954), ending the lease on the contractual expiry date and contesting any renewal on ground f. No claim has yet been brought. It is expected, however, that the tenant will start renewal proceedings, without making an interim rent application. The landlord has issued an invoice for the yearly rent, which the lease stipulates is payable in advance, covering the year commencing on the contractual expiry date... Assume for this Q&A that the tenant does issue proceedings, so the lease carries on beyond the contractual expiry date and the tenant stays in occupation, preserving protection under LTA 1954, Pt II... Further assume the parties remain in discussions about whether the tenant will vacate on the notice expiry, and that the lease requires rent to be paid annually in advance...