Tenure meaning

This Checklist is illustrative rather than comprehensive and will not anticipate every scenario in every deal. It sets out the principal actions and issues to review when representing a landlord in relation to a tenant’s request for a licence to assign. It proceeds on the basis that the tenant holds a rack rent lease of commercial premises. Undertaking for costs If the lease or the Heads of Terms place the landlord’s consideration costs on the tenant, seek an undertaking from the tenant’s solicitors covering the landlord’s legal and surveyor fees (plus VAT and disbursements), regardless of whether the assignment proceeds and irrespective of whether consent is given. Ensure your estimate is adequate, or expressly retain the right to uplift the sum if the case becomes unusually complex or drawn out. Assess whether the undertaking should also include any superior landlord’s charges, where relevant. Does the lease permit assignment? Review the lease’s alienation clauses to confirm whether assignment is allowed and, if so, the conditions attached. Where...

This flowchart serves as an aide-mémoire for examining and construing real burdens affecting land in Scotland. It is not a detailed note and, accordingly, appropriate reference should be made to the Title Conditions (Scotland) Act 2003 (TC(S)A 2003) and the Abolition of Feudal Tenure etc (Scotland) Act 2000 (AFT(S)A 2000) for more detail. See Practice Notes: Real burdens in Scotland—creation and interpretation and Real burdens in Scotland—enforcement and extinction and Flowchart: Feudal burden—determining whether it survives the Abolition of Feudal Tenure etc (Scotland) Act 2000—flowchart. Note 1 If the burden originated on...

Under the Landlord and Tenant Act 1954 (LTA 1954), a business lease carries on automatically after the end of the contractual term if the tenant remains in occupation for business purposes. Either party can bring those statutory rights to an end by serving one of the prescribed termination notices. This flowchart explains the steps for an unopposed business lease renewal under the LTA 1954. For the procedure where renewal is opposed, see: LTA 1954 opposed lease renewal procedure—flowchart. For further detail on LTA 1954 security of tenure and the court process, consult Practice Notes: LTA 1954 business lease renewal—proceedings and LTA 1954 business lease renewal—termination. Note 1 Diarise a date at least 12–18 months before the contractual expiry of the existing lease. See Practice Note: LTA 1954 business lease renewal—termination. Note 2 Information must be supplied within one month of service of the notice. A party is obliged to correct any information provided for six months after receiving the notice. This applies to both parties equally...

This Flowchart This flowchart shows how UK residence is assessed under the ‘sufficient ties’ test. Please also consult the Statutory residence test and residence flowchart (automatic tests), as well as the Statutory residence test—‘home’ flowchart...

Competition policy Government announces Sir Ian Cheshire as preferred candidate for Ofcom Chair The Department of Science, Innovation and Technology (DSIT) has named Sir Ian Cheshire as the government’s preferred choice to take over from Lord Michael Grade as Chair of Ofcom, with Lord Grade’s tenure due to conclude in April 2026. The DSIT noted that Sir Ian brings broad experience spanning the public and private spheres, most recently chairing Channel 4...

In this issue: Key developments and horizon scanning Residential property Property management Property development Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Law Society responds to Leasehold and Freehold Reform Bill amendments The Law Society has signalled its backing for newly tabled changes to the Leasehold and Freehold Reform Bill (which had its second reading on 27 March 2024—see the Trackers section below). The revisions would curb the sale of new leasehold houses and ensure every new home in England and Wales is freehold from day one, save in exceptional cases. Nonetheless, Law Society President, Nick Emmerson, noted that, without current moves to advance commonhold tenure, the Society supports the Law Commission’s 2011 recommendations to modernise freehold law, enabling houses on managed estates to be sold as freehold with greater ease, and he urged government...

Jaffe v Tingdene Marinas Ltd [2024] EWCA Civ 751 What are the practical implications of this case? This decision underlines that, when defining the reach and limits of a planning permission, the language employed must be given its natural and ordinary meaning, read in its precise legal and factual setting and tempered by common sense and context. Thus, although the everyday sense of ‘houseboat’ points to craft moored on a river or canal, the Court of Appeal concluded that a reasonable person visiting the location on the ground would regard the permission as allowing floating caravans to be stationed on the land for the purposes of human habitation. In addition, the ruling confirms that a certificate of lawful use takes effect as though it were a grant of planning permission and will displace the terms of any earlier, inconsistent permission, thereby amounting here to a lawful change of use. The outcome therefore underlines the need to review the planning history carefully wherever a certificate of lawful use may...

Introduction This Practice Note examines how dwellings (often called 'tied cottages') provided to agricultural workers as part of their employment terms are regulated under the Rent (Agriculture) Act 1976 (R(A)A 1976) as a 'protected occupancy', or the Housing Act 1988 (HA 1988) as an 'assured agricultural occupancy', or the Renting Homes (Wales) Act 2016 (RH(W)A 2016) as an 'occupation contract'. It also considers the effect and implications of the Renters’ Rights Act 2025 (RRA 2025) on those lettings. Non-tied accommodation (ie lettings of farm houses and other dwellings on agricultural land) will generally be subject, as appropriate, to the provisions and requirements of the Rent Act 1977 (RA 1977), HA 1988, or RH(W)A 2016. Lettings under the Agricultural Holdings Act 1986 or the Agricultural Tenancies Act 1995 that include dwellings fall outside the scope of this Practice Note. These lettings are not affected by RRA 2025...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025 For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions. That Practice Note details which party must issue a break notice and on whom it must be served, along with the acceptable methods of service. It addresses whether service is permitted or required by contract, the statutory frameworks governing service of notices, and the deeming rules under: section 196 of the Law of Property Act 1925 (LPA 1925) section 23 of the Landlord and Tenant Act 1927 (LTA 1927) section 7 of the Interpretation Act 1978 (IA 1978) the common law It further considers how break notices align with statutory security of tenure for assured shorthold tenancies (ASTs) under the Housing Act 1988, and with business tenancies under the Landlord and Tenant Act 1954 (LTA 1954)...

Sources of rights and responsibilities for flood management and drainage The legal framework governing flood management and drainage originated in the nineteenth century within land law. Back then, these issues were treated as private matters to be resolved between neighbouring owners. Over time, policy shifted to acknowledge flooding as a collective challenge, with public bodies now central to preventing and managing floods for communities. Even so, many core rights and obligations concerning flooding and drainage still attach to, and pass with, ownership of land. Landowners therefore need a clear grasp of their rights and duties in this area. Indeed, when a flooding dispute emerges, landowner rights and responsibilities are often the first point to consider. This Practice Note sets out the principal sources of those rights and responsibilities for flood management and drainage, together with the key considerations for landowners. Restrictive and positive covenants When considering the rights and responsibilities of landowners for flood management and drainage, the starting point is the title register or other title...

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) ]...

[ Insert organisation’s name ] will treat the following information as confidential: Tenderer’s name [ Insert name ] Address; all offices; registered address [ Insert details ] Telephone, fax, email(s), website [ Insert details ] [ Company registration number if applicable ] [ [ Insert details ] ] Legal status [ Insert details eg, limited company, sole trader, LLP, partnership ] Summary of organisation, activities, and years providing Services to organisations [ Insert background information ] Board/leadership composition and organisational chart with departmental functions [ Insert details; attach chart/illustration if appropriate ] [ Holdings over [ insert figure, eg 10 ]%: persons/undertakings controlling the Tenderer’s capital or votes, and organisations the Tenderer controls ] [ [ Insert details, contacts, documents, particulars and holding periods if applicable ] ] [ Joint venture, shareholders’ partnership or similar agreement ] [ [ Insert key terms if applicable ] ] Total staff numbers by partners, directors, assistants, secretaries, etc [ Insert details...

I [ name of declarant ] of [ address ] declare that [ I OR [ name of tenant ] [ (incorporated in England and Wales with company registration number [ number ]) ] ] intend [ s ] to enter into a tenancy of the premises at [ address of premises ] for a term beginning on [ [ date ] OR a date to be agreed between the parties OR the date on which the tenancy is granted OR the [ Access Date OR [ other defined term ] under the agreement for lease pursuant to which the tenancy of the premises will be entered into ] ] . [ I OR The tenant ] intend [ s ] to enter into an agreement with [ name of landlord ] that the provisions of sections 24 to 28 of the Landlord and Tenant Act 1954 (security of tenure) are to be excluded in respect of the tenancy...

Under Part II of the Landlord and Tenant Act 1954 (LTA 1954), security of tenure covers most business leases, save where the parties have ‘contracted out’ of those rights. Section 38A of the LTA 1954 permits landlord and tenant to agree that security of tenure will not apply. To make the agreement effective, the parties must comply with the contracting-out process specified in LTA 1954, s 38A(3) and Regulatory Reform (Business Tenancies) (England & Wales) Order 2003 (RRO 2003), SI 2003/3096, Sch 2...

Part II of the Landlord and Tenant Act 1954 (LTA 1954) Part II of the LTA 1954 confers security of tenure on business tenants unless its requirements have been contracted out. As a result, a commercial lease does not lapse by effluxion of time; instead it continues as a statutory tenancy until it is brought to an end in accordance with the LTA 1954, or when the court grants a new lease on the application of either the landlord or the tenant, or when the lease is terminated by surrender or by forfeiture under the scheme set out therein in full...

Trespasser or oral tenancy Given the circumstances and the length of time she has been there, it is improbable that the sister in law is occupying as either: a trespasser (albeit a tolerated one); or under a lease, since a lease may only be created orally where: the term does not exceed three years, it is not of an incorporeal hereditament, it takes effect in possession, and it is at the best rent reasonably obtainable without taking a fine. See the Law of Property Act 1925, ss 52 and 54, and our Q&A. A landlord let a property on an assured shorthold tenancy starting 4 May 2015 for a fixed term of six months. Rent falls due on the 4th day of each month. No deposit was taken and the tenants have committed no breaches. Unfortunately, there is no written tenancy agreement. The clients now wish to recover...