Featured documents
Under section 40B of the Landlord and Tenant Act 1954 (LTA 1954) Where a person is served with a notice under LTA 1954, s 40 and does not meet the obligation to supply the information requested and required, section 40B of the Landlord and Tenant Act 1954 allows them to be the subject of civil proceedings for breach of statutory duty; in those proceedings the court may require that individual to duly perform the duty and can also grant damages as well. See also: Duties of tenants and landlords to give information to each other; in general: Halsbury's Laws of England [1595]. A breach of statutory duty is a standalone tort recognised at common law, in respect of which the...
Under regulation 2 of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (SI 2015/1646), the prescribed obligations apply to tenancies granted on or after 1 October 2015, but exclude statutory periodic tenancies beginning on or after 1 October 2015 where they followed an AST granted before that date. Consequently, if the original fixed-term tenancy was granted on or after 1 October 2015, the prescribed requirements apply to both the fixed term and also to the statutory periodic tenancy thereafter arising on expiry of that term...
A buyer for value of land burdened by a legal or equitable rentcharge in favour of a charity will take subject to that rentcharge, unless: the rentcharge is registrable as a land charge and is void against him for want of registration (see sections 2 and 4 of the Land Charges Act 1972; section 24 of the Law of Property Act 1969; section 2(1)(i) of the Law of Property Act 1925 (LPA 1925)); the sale is made in exercise of powers under the Settled Land Act 1925 (SLA 1925) and the rentcharge is capable of being overreached on such a sale (see SLA 1925, s 72; LPA 1925, s 2(1)(i)); or for an equitable rentcharge, the purchaser had no notice of it (Re Alms Corn Charity, Charity Comrs v Bode). Also note that, depending on the date of the rentcharge, the Rentcharges Act 1977 provides that, since 22
Section 213 of the Housing Act 2004 (HA 2004) sets out the obligations on landlords who take a deposit in relation to an assured shorthold tenancy. Every deposit must be handled in line with an authorised scheme (HA 2004, s 213(1)), and the scheme’s initial requirements must be met within a period of 30 days from receipt of the deposit (HA 2004, s 213(3))...
Most recent Q&A
Where the term of an underlease matches, or exceeds, the head lease, it is treated as an assignment rather than a true underlease. To prevent this outcome, the underlease must run at least one day shorter than the superior lease......
Under section 213 of the Housing Act 2004 ( HA 2004), any deposit received in connection with an assured shorthold tenancy ( AST) has to be safeguarded by an approved tenancy deposit scheme as required by that legislation. Non-compliance with HA 2004 can leave a landlord unable to issue a section 21 Housing Act 1988 notice to regain possession of the premises. For sums received on or after 6 April 2007, a tenant might additionally have grounds to apply for monetary sanctions against the landlord......
In England, landlords cannot serve a section 21 notice while they are failing to meet prescribed regulatory duties, as set out in section 21A(1) of the Housing Act 1988 ( HA 1988). Where any such duty is breached, service is barred. The rules currently in effect are the Assured Shorthold Tenancy Notices and Prescribed Requirements ( England) Regulations 2015, SI 2015/1646. Compliance requires the landlord to supply the tenant with: an energy performance certificate, under the Energy Performance of Buildings ( England and Wales) Regulations 2012, SI 2012/3118; a gas safety certificate, under the Gas Safety ( Installation and Use) Regulations 1998, SI 1998/2451; and a copy of ‘ How to rent: the checklist for renting in England’, published by the Department for Communities and Local Government as required......
This Q& A This Q& A considers how the Housing Act 2004 ( HA 2004) applies to assured shorthold tenancies ( ASTs) governed by the Housing Act 1988 ( HA 1988). In brief, when a landlord takes a deposit for an AST, two actions are required within 30 days of receiving the funds. First, the initial requirements of an authorised tenancy deposit scheme must be satisfied in full ( HA 2004, s 213(3)). Secondly, the tenant must be provided with specified prescribed information ( HA 2004, s 213(5)(6)). The relevant prescribed information is set out in the Housing ( Tenancy Deposits) ( Prescribed Information) Order 2007, SI 2007/797. Failure to comply limits the landlord’s entitlement to serve a notice under HA 1988, s 21, and entitles the tenant to apply for an order for the return of the deposit or for its payment into an...
What is the effect of disclaimer? Sub-tenants can stay in occupation after a disclaimer of the head-lease, because that lease is terminated only as between the landlord and the tenant, and not, in the same fashion, as between the tenant and the sub-tenant. As set out in Chapter 5 of Butterworths Property Insolvency, at 5.26, the sub-lease endures so far as is necessary to uphold the sub-tenant’s continuing right to occupy. Nevertheless, the head-landlord is under no obligation to observe the provisions of the sub-lease......
This Q& A Assumes that the protection cited in this query concerns the safeguard granted by paragraph 2 of Schedule 8 to the Building Safety Act 2022 ( BSA 2022). The BSA 2022, Sch 8 makes provision for the payment or otherwise of certain service charge amounts connected to relevant defects in relevant buildings, as set out. In particular, BSA 2022, Sch 8, para 2 states that no service charge is payable under a lease of any premises in a relevant building in respect of any relevant measure relating to a relevant defect where a relevant landlord is responsible for the relevant defect, or is associated with the person responsible for the relevant defect. If it is established that BSA 2022, Sch 8, para 2 applies, no service charge is payable in respect of ‘relevant measures’......
Under section 5(2) of the Housing Act 1988 ( HA 1988) By virtue of section 5(2) of the Housing Act 1988 ( HA 1988), when a fixed-term assured shorthold tenancy ends, a periodic tenancy comes into being on the same terms and conditions. This outcome is excluded where the tenancy is terminated by a court order, by surrender, or by some other step taken by the tenant. For the purposes of this Q& A, it is assumed that HA 1988, s 5(2) applies to this tenancy. If not, and the tenancy has been altered, the guarantee may have been discharged. A guarantee may lapse if the underlying agreement is varied—whether expressly or by conduct—without the guarantor’s agreement, save where the change is ‘self-evidently insubstantial or non-prejudicial to the guarantor’ ( Holme v Brunskill). We also proceed on the basis that the wording of the...
It is not evident from this Q& A whether the initial term of the Assured Shorthold Tenancies ( AST) has lapsed, or whether the fresh tenancy agreement amounts to a renewal or an extension. The Q& A indicates that a replacement tenancy has been issued, at an increased rent compared with the original AST, and for another fixed duration period......
Where a lease is silent, items left at the premises after expiry of the term remain owned by the tenant (or any other third-party owner). The landlord, as a result, becomes an involuntary bailee of those items. This can create difficulties for a landlord aiming to clear the space for re-letting or another purpose, and may involve additional expense. In particular, the landlord: cannot take or dispose of the items, and must act in a manner that is right and reasonable may face liability in conversion, or for wrongful interference with goods, if the items are sold, damaged or discarded These exposures can be managed by using the procedures in the Torts ( Interference with Goods) Act 1977 ( T( IG) A 1977), either by serving notice or asking the court for permission to sell the items. Serving notice is the route more often used in...
This is a ‘new’ lease under the Landlord and Tenant ( Covenants) Act 1995 ( LT( C) A 1995) Accordingly, it is presumed that the former tenant remains liable for arrears pursuant to an authorised guarantee agreement ( AGA) (in relation to which, see Practice Note: Lease covenants—liability after assignment of a lease or its reversion), and that liability is subject to the provisions of LT( C) A 1995, s 17 (which has been confirmed as not relevant to this Q& A; if required, see Practice Note: Former tenants, guarantors and overriding leases). Upon discharge, the bankrupt is released from all bankruptcy debts under section 281 of the Insolvency Act 1986 ( IA 1986)......
Under section 146 of the Law of Property Act 1925 ( LPA 1925), a landlord cannot enforce a leasehold right of forfeiture unless a notice—commonly known as a 'section 146 notice'—is first served on the tenant. There are specific requirements governing the contents of that notice. See Practice Note: Forfeiture of a lease. Under LPA 1925, s 146(11), the obligation to give notice does not extend to 're-entry or forfeiture or relief in case of non-payment of rent'......
The previous regime does not fall within the amendments brought in by the Deregulation Act 2015 ( DA 2015), as set out in sections 33 to 40 (see section 41 of the DA 2015, which sets out the application of DA 2015, sections 33 to 40)......
The Commercial Rent ( Coronavirus) Act 2022 ( CR( C) A 2022) applies to ‘protected rent debts’ which are, broadly: amounts for rent, service charges, interest and value added tax ( VAT) payable under a tenancy to which Part II of the Landlord and Tenant Act 1954 ( LTA 1954, s 23) applies (including where contracted out), provided that: all or part of the business or the premises were required by coronavirus ( COVID-19) regulations to close; and the sums relate to the ‘protected period’, running from 21 March 2020 until the earlier of: the final day the business or premises had to close, or were subject to regulation governing the way the business operated or the use of the premises; and in England, 18 July 2021, and in...
The Landlord and Tenant Act 1987 ( LTA 1987) The Landlord and Tenant Act 1987 ( LTA 1987) grants tenants of residential flats in a building a right of first refusal to acquire the landlord’s interest when a sale is contemplated. The landlord must issue notices to the tenants, setting out the intention to dispose of that interest and allowing them time to consider a purchase at the offer price. During this period the landlord is barred from selling, and non-compliance is a criminal offence. If the tenants are not served with notice, they may compel the incoming landlord to transfer the property to them at the price paid......
You are right that a tenant is unable to make a valid section 26 request seeking a new lease when its tenancy was granted for a fixed term of one year or less, pursuant to section 26(1) of the Landlord and Tenant Act 1954 ( LTA 1954). This equally covers periodic tenancies......
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......
Pursuant to section 21B(3) of the Landlord and Tenant Act 1985 ( LTA 1985), a tenant may withhold paying a service charge if the demand is not sent with the summary of rights and obligations in the prescribed form (the s 21B notice)......
As a rule, the seller is entitled to the entire purchase price and, save for limited exceptions, holds an equitable lien over the property until the sum is settled in full. This remains the case even where a receipt has been issued. See Practice Note: Unpaid vendor’s lien. In some situations, the buyer may contend that the seller is estopped from pursuing the outstanding balance, which will usually depend on whether they relied on the completion statement to their detriment... See also Commentary: Vendor’s lien: Halsbury’s Laws of England [960] Declaration and enforcement of lien: Atkin’s Court Forms [119]...
Assured and assured shorthold tenancies—granting Under section 21A of the Housing Act 1988 ( HA 1988), a notice under HA 1988, s 21 may not be given in relation to a dwelling house in England let on an assured shorthold tenancy if the landlord has failed to meet the prescribed requirements. Those requirements are contained in the Assured Shorthold Tenancy Notices and Prescribed Requirements ( England) Regulations 2015, SI 2015/1646, and in regulation 6(5) of the Energy Performance of Buildings ( England and Wales) Regulations 2012, SI 2012/3118. At present, as things stand, these instruments do not impose any obligation that a property attains a specified EPC rating before a section 21 notice can be served. For more detail, consult Practice Note: Assured and assured shorthold tenancies—granting and Commentary: When a landlord cannot give a s 21 notice: prescribed...
When a landlord grants an assured shorthold tenancy ( AST) to a tenant at the end of a prior AST for the same property and same parties, it constitutes a replacement tenancy......
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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...
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 ...
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 ]...
Discover more from LexisNexis
