Legal Q&A

Possession claims following the standard procedure Possession claims brought via the standard route (as opposed to the accelerated route) permit a landlord, under CPR PD 55A, para 1.7, to add a further claim within the possession action for rent arrears or damages. One claim form may cover every head of claim, and both the rent arrears element and the possession claim can be determined together in the same proceedings. However, where the landlord opts for the accelerated route for possession, the claim must be limited to possession alone and cannot include any additional relief, such as rent arrears or damages, in accordance with CPR 55.12......

Accelerated possession proceedings Accelerated possession proceedings apply to dwellings let on an assured shorthold tenancy where the requirements in CPR PD 55.12(1) are fulfilled. In substance, there must be a written tenancy agreement and a notice served under section 21 of the Housing Act 1988 ( HA 1988). The claim is commenced using Claim Form N5B, which should set out all necessary particulars and be lodged with the documents it specifies, chiefly: the written tenancy agreement the section 21 notice under HA 1988 Where the route is properly followed, the claimant will frequently be entitled to a possession order without the need for a hearing, and viable defences for the defendant are uncommon. See Practice Note: Assured and assured shorthold tenancies—terminating. We are not aware, within our resources, of any authority that directly considers a situation where a landlord cannot produce evidence of a copy of the...

If a landlord serves a valid section 25 notice, and neither the landlord nor the tenant make an application for a fresh tenancy, the lease ends on the date stated in that section 25 notice, as specified therein. After that date, the tenant has no lawful right to remain in occupation of the premises, and the landlord is entitled to possession. Accordingly, a landlord should proceed with great care if the tenant continues in occupation. No money should be requested or accepted from the tenant after the termination date, nor should the landlord behave in any way whatsoever that might imply the grant of a new tenancy, or be estopped from denying the existence of a new tenancy......

Requirements for a section 21 notice served in respect of a tenancy agreement entered into before 1 October 2015 Throughout the three-year transitional window under section 41 of the Deregulation Act 2015 (ie 1 October 2015–30 September 2018), the prescribed format of the notice, together with any other conditions for serving a valid section 21 notice for tenancies agreed before 1 October 2015, remain unchanged and continue to apply as they did......

Section 3 of the Landlord and Tenant ( Covenants) Act 1995 ( LT( C) A 1995) Section 3 of the Landlord and Tenant ( Covenants) Act 1995 states that, for any tenancy to which the LT( C) A 1995 applies, every landlord and tenant covenant attaches to and is inherent in the entirety of the demised premises and their reversion, as well as in each and every part, and on an assignment of the whole or any part of the premises or of the reversion, those rights and obligations pass in line with the section, and will do so automatically on such assignment. This signifies that covenants are not, save for specified exceptions, personal as between the parties; rather, they relate to, and run with, the land......

Succession On the death of a Rent Act 1977 tenant, family members other than a spouse may take over the occupation, but only as assured tenants paying a market rent, and only if they had been living in the dwelling-house for at least two years before the tenant’s death. Under Schedule 1, paragraph 3: where paragraph 2 does not apply, a person who was a member of the original tenant’s family and was residing with him in the dwelling-house at the time of, and for the period of two years immediately before, his death shall, after his death, be entitled to an assured tenancy of the dwelling-house by succession. If more than one such person qualifies, the successor is to be identified by agreement between them or, in default of agreement, by the county court... Land let under separate licence It should be...

This Q& A considers the requirements in order to serve a valid section 21 notice pursuant to the Housing Act 1988 in circumstances where a six-month fixed term tenancy commenced in 2013 and, thereafter, became a statutory periodic tenancy. The obligations to be complied with when giving a section 21 notice to a tenant became markedly more onerous in practice following the coming into force of the Deregulation Act 2015 ( DA 2015) together with the Assured Shorthold Tenancy Notices and Prescribed Requirements ( England) Regulations 2015, SI 2015/1646. Notably, DA 2015 stipulates that, for any tenancy starting on or after 1 October 2015 (renewals included), the landlord must supply the tenant with an energy performance certificate and a gas safety certificate before the tenancy begins as a prerequisite. On the face of it, the landlord here arguably appears able to issue a valid...

In accordance with section 215(2A) of the Housing Act 2004 ( HA 2004), a landlord may issue a section 21 notice where the deposit is repaid in full, or with deductions mutually agreed by both the landlord and the tenant concerned......

An Energy Performance Certificate ( EPC) An EPC assesses how energy efficient a building is, scoring it from A to G, with A representing the greatest efficiency. It is illegal for a landlord to let a commercial property with an F or G efficiency rating unless a valid exemption is in place. A landlord must hold an EPC in these situations: when renting out or selling the premises; when a building that was under construction is completed; or when changing the number of areas intended for separate occupation and this includes providing heating, air conditioning or ventilation systems. An EPC is valid for ten years. Certain exemptions apply, including both short and long tenancies......

This Q& A proceeds on the basis that the query concerns a tenancy in England. Section 21 notice Within 30 days of receiving a rent deposit, the landlord must satisfy the initial obligations of the tenancy deposit scheme ( TDS) by supplying the tenant, and any person who pays the deposit for the tenant (i.e. the ‘relevant person’), with the prescribed details about the TDS, the deposit, and the assured shorthold tenancy ( AST) (see section 213(3)–(6) of the Housing Act 2004 ( HA 2004), as amended, and Practice Note: Tenancy deposit schemes). Non‑compliance may carry potential consequences indeed......

Form LTBT1 Form LTBT1 is prescribed by the Regulatory Reform ( Business Tenancies) ( England and Wales) Order 2003, SI 2003/3096 (the Order). Where the parties intend to contract out of, or exclude, sections 24–28 of the Landlord and Tenant Act 1954 ( LTA 1954), the Order stipulates that particular steps must be completed before any such agreement is concluded. Landlords frequently seek the flexibility of a contracted‑out lease, as it allows the tenancy to end on expiry of the term without the tenant acquiring a right to a new lease. Under the LTA 1954, the former position required court approval for a contracted‑out arrangement (the Pre‑2004 Procedure). The Order replaced that regime with a new process that obliges the landlord to serve a warning notice in, or in a form substantially similar to, that set out in SI 2003/3096. This notice must be given...

Clare Ambrose, Twenty Essex The party’s representative should liaise with the witness and the other side. It should seldom be impossible to resolve matters by arranging for evidence to be given remotely. Such an approach is fairly standard practice......

Under sections 101 and 103 of the Law of Property Act 1925 ( LPA 1925), a mortgagee in possession is empowered to dispose of the property, usually once possession has been obtained; however, the parties may by agreement contract out of this statutory power. When the power of sale is exercised, the mortgagor’s equitable right to redeem is brought to an end, and the mortgagee holds any surplus sale proceeds on trust for the mortgagor and other interested parties......

Under general principles of trust law, a beneficiary’s or settlor’s spouse may serve as a trustee of a settlement without any prohibition. More broadly, there are few limits on eligibility for appointment as trustee; any person with capacity in law to hold the legal title to the trust property can be lawfully appointed as a trustee of that property......

The working assumption is that the land concerned is residential freehold property in England or Wales, and that no tax avoidance is in point. SDLT treatment of the first 40% transaction As set out in Practice Note: Land transactions, chargeable interests and chargeable transactions, a land transaction with no chargeable consideration (for which see Practice Note: SDLT chargeable consideration) is outside the scope of SDLT, an exempt transaction......

Section 37 of the Law of Property Act 1925 ( LPA 1925) treats spouses as distinct individuals for property ownership. Consequently, the standard trust rules on co-ownership govern their interests, whether held as joint tenants or as tenants in common, in line with LPA 1925, section 36......

Interest on judgment debts Judgment debts accrue simple interest at 8% per annum until paid, unless the court decides otherwise. By default, interest runs from the date judgment is given, unless the court, a rule or a Practice Direction provides differently. The court may order interest to run from a date before judgment. For further guidance, see Practice Note: Interest on judgment debts, together with the following Practice Notes: County Court judgments and orders—additional matters Which enforcement of judgment method should I choose?—in particular, the section: Which enforcement of judgment method should I choose?— In which court should you enforce your judgment—practical considerations Transferring a judgment from the High Court to a Country Court CPR 70.3 makes provision for transfer of proceedings in question, and states that an application must be made to the High Court before an order permitting the transfer of the...

Can the respondent refuse to agree the stay unless the applicant pays the costs incurred by the respondent? What factors will the Tribunal consider in deciding whether or not to agree the stay? The First-tier Tribunal ( FTT) is a statutory creation, with authority derived from the Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007), which established it, and the Tribunal Procedure ( First-tier Tribunal) ( Property Chamber) Rules 2013, SI 2013/1169 (the Property Chamber Rules). Importantly, the decision to impose a stay does not rest with the parties. That is a defined case management power conferred on the FTT by the Property Chamber Rules ( SI 2013/1169, r 6(3)(m)). When exercising its powers, the Tribunal must give effect to the overriding objective, requiring cases to be handled fairly and justly ( SI 2013/1169, r 3(1) and (3))....

A person with an interest in property that has been disclaimed (for instance, a sub-tenant) retains that interest on the same terms and subject to the same rights and obligations as if no disclaimer had occurred. If they carry out the tenant’s obligations under the disclaimed lease, they cannot be removed; if they do not, the landlord may distrain or forfeit—as explained by Lord Nicholls in Hindcastle Ltd v Barbara Attenborough Associates Ltd: the sub-tenant’s interest is unaffected by the determination of the tenant’s interest. Thus the sub-tenant holds the estate on identical terms, and remains subject to the same rights and obligations, as would apply if the tenant’s interest had continued. If they pay the rent and perform the tenant covenants in the disclaimed lease, the landlord cannot evict them. If they fail to do so, the landlord may distrain upon their goods for the...

For this Q& A, we proceed on the basis that the easements are recorded on the title... Prescription Act 1832 The Prescription Act 1832 ( PA 1832) sets out a statutory route for acquiring easements by prescription, operating in parallel with common law prescription and the doctrine of lost modern grant. The statutory framework can be outlined as follows: Easements other than rights of light: continuous, uninterrupted enjoyment for 40 years establishes a claim that is indefeasible save by express consent. Enjoyment for 20 years creates a claim that cannot be defeated by showing the right could not have existed since 1180, though it may still be overcome by any other available defences......