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FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. This checklist sets out the principal issues to assess when handling a disposal of a property interest that is (or might be) subject to the tenants’ right of first refusal under the Landlord and Tenant Act 1987 (LTA 1987). For more detail and comprehensive guidance, see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. Landlord Is the intended transferor ‘the landlord’? If yes, is the landlord ‘exempt’ or ‘resident’? In either situation, the right of first refusal does not arise. Disposal Is the landlord entering into an arrangement amounting to a ‘disposal’ (including a contract to create or dispose of an estate or interest in land, an assignment of rights under such a contract, or a contract to assign rights under...
In this issue: Surrender Trespass and adverse possession Agricultural tenancies Easements and covenants Residential tenancies Disputes and remedies Business tenancies Repairing obligations and dilapidations Rent and rates LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Surrender Secure tenancy had not been surrendered and regranted following the joint tenant’s departure (Rahimi v City of Westminster Council). In Rahimi v City of Westminster Council [2024] EWCA Civ 73, the Court of Appeal dismissed the appellant’s challenge to a decision by the same judge who had set aside an earlier judgment. That judgment had held the appellant’s grandmother became the sole tenant under a tenancy granted to her alone by the respondent council, said to arise through implied surrender and regrant after her husband left. On reconsideration, the judge concluded there was no surrender...
A landlord may bring an introductory tenancy to an end only by securing and enforcing a court order for possession. Possession is mandatory, so the landlord need not prove any ground. Even so, no order will be granted unless the notice requirements for introductory tenancies have been met. Notice of Proceedings for Possession The landlord must give the tenant a Notice of Proceedings for Possession which sets out: its intention to apply to the court for a possession order the reasons it seeks possession the earliest date on which proceedings may start confirmation of the tenant’s right to have the decision reviewed the deadline for requesting a review that the tenant may obtain advice from a Citizens' Advice Bureau, a housing aid centre, a law centre, or a solicitor No particular form is prescribed for a Housing Act 1996, section 128 notice. The information required by HA 1996, s 128(7) need not appear on a single page...
This Practice Note explains the routes by which a Scottish agricultural tenancy may move from one holder to another, whether through lifetime assignation, or by testate or intestate succession. The steps required depend on the tenancy type—either a 1991 Act Tenancy under the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) or a 2003 Act Tenancy under the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003)—whether assignation or succession is permitted, and, for succession, whether the tenant leaves a bequest in a will or dies intestate. A key rule is that, unless the landlord consents, a tenant cannot transfer an agricultural tenancy to anyone (for example, a company, society, club or firm) other than a single natural person. The Scottish Land Commission provides a helpful guide: Scottish Land Commission—A guide to–Transfer of tenancies by assignation and succession. Succession to an agricultural tenancy under AH(S)A 1991 Testate Succession Where the tenant is an individual, or individuals, the tenancy may pass on in their succession. Passing a tenancy by a testamentary...
This Practice Note provides a high-level overview of the principal changes to residential tenancies introduced by the Renters’ Rights Act 2025 (RRA 2025), in outline. More detailed guidance will be issued in due course, and also refreshed as subsequent regulations supply further particulars and commencement dates for the relevant provisions as they are made. The Practice Note covers: ending assured shorthold tenancies (ASTs) assured tenancies (ATs) operating on a periodic basis bringing tenancies to an end rent rules and tenancy deposit obligations keeping pets implied covenants on fitness for human habitation and on repair discrimination in the rental market in England and Wales assured agricultural tenancies penalties for unlawful eviction or harassment obligations on landlords, contractors and other relevant persons regarding ATs, plus financial penalties and offences for non-compliance, and guarantor liability redress scheme for private sector landlords private rented sector database rent repayment orders sanctions, including financial penalties, for breaches of...