Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Property law weekly: LTA 1954 renewal 'holding', beneficial ownership, HMLR PG6, LURA build-out, permitted development, MEES, SDLT grounds, Scottish cases and consultations

Published on: 02 May 2024

Published by a LexisNexis Property expert
Legal News
imgtext
Article summary

In this issue:

  • Leasing property
  • Transferring property
  • Property development
  • Environment, energy and buildings
  • Property taxes
  • Property in Scotland
  • LexTalk®Property: a Lexis®Nexis community
  • Further property updates this week
  • Daily and weekly news alerts
  • Trackers
  • New Q&As

Leasing property

Competing views on a tenant’s ‘holding’ in renewal claims for business tenancies arose in Sainsbury's Supermarkets Ltd v Medley Assets Ltd [2024] Lexis Citation 358, a contested application under the Landlord and Tenant Act 1954 (LTA 1954). The landlord relied on ground (f), contending it reasonably needed possession to undertake substantial works. A significant subsidiary issue was the scope of the tenant’s holding, turning on the meaning of that expression in LTA 1954, s 30, and whether it matched or differed from ‘holding’ in LTA 1954, s 32 (property to be comprised in any new tenancy). This, in turn, framed the breadth of the court’s inquiry into what works were practically achievable. The court concluded that ‘holding’ carries a different meaning in section 32 than it does in sections 23 and 30...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow