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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))...
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In such situations, if a tenant declines to grant the landlord entry to examine the premises, this amounts to a breach of the lease terms, as the lease contains a provision giving the landlord the right to enter the property for inspection, following a stated period of notice thereafter......
LTA 1954 and contracting out Most commercial tenancies where the occupier is the tenant benefit from statutory security of tenure under the Landlord and Tenant Act 1954 ( LTA 1954). This framework sets out a procedure that must be followed to end the tenancy, even after a fixed term has run its course. It does not cover tenancies at will. The level of protection provided by the LTA 1954 can be advantageous for tenants. That said, it is common for the parties to decide, as part of their agreement, that these LTA 1954 protections will not apply to a fixed term tenancy. Excluding the LTA 1954 is not accomplished simply by adding wording to that effect in the lease. The necessary steps are specified in LTA 1954, section 38A, which refers to the Regulatory Reform ( Business Tenancies) ( England and Wales) Order 2003, SI...
Common practice is to use a retrospective licence to alter after works have already been fully completed...
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......
Limitation period Where a lease contains no express provision restricting the timeframe for bringing a dilapidations claim, and the lease has been executed as a deed, the limitation period to commence a claim is 12 years ( Limitation Act 1980, s 8). See Practice Note: Limitation Act 1980—the principal limitation periods. It is a common tenant amendment that the landlord may recover the costs of preparing the schedule only if it is served within a specified period following expiry of the lease. Please see below regarding the costs of any dilapidations proceedings (i.e. those costs incurred from the point of issue and service of proceedings onwards). However, the Dilapidations Protocol (formally adopted under the Civil Procedure Rules 1998) states at paragraph 3.3 that schedules ought to be issued within a reasonable time......
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...
Section 213 of the Housing Act 2004 ( HA 2004) Obliges any landlord who has taken a tenancy deposit to lodge the sum with an authorised scheme and to give the tenant details about it within 30 days of receipt; before amendment by section 184 of the Localism Act 2011, the deadline for doing so was 14 days......
This could be the appropriate method to secure lawfully an access right from B’s property across C’s property...
Given the timescales, the matters at hand give rise to questions requiring careful evaluation of factual circumstances and professional judgement. The grant of planning permission and the issue of a building regulations completion certificate confirm that the requisite approvals were secured in 1996, after due consultation with the relevant authorities, at which point the siting of the sewer would have been taken into account......
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’......
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......
Under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016), two categories of occupation contract exist: secure and standard. Standard contracts can be fixed term or periodic, whereas secure contracts are always periodic; see RH( W) A 2016, ss 1 and 8. Generally, an occupation contract with or adopted by a community landlord (as defined in RH( W) A 2016, s 9) will be secure, and one with or adopted by a private landlord (as defined in RH( W) A 2016, s 10) will be standard. This reflects the Act’s general rule, applying to such occupation contracts......
Restriction and successor covenant How compliance with an overage deed is achieved will naturally hinge on its specific terms. Nevertheless, it is probable the overage beneficiary’s right to receive overage is safeguarded by a restriction noted on the proprietorship register, together with an obligation on any incoming purchaser to enter a positive covenant requiring them to observe and fulfil the provisions of the overage deed (a ‘successor covenant’)......
Pre-completion transaction rules ( PCT rules) The pre-completion transaction rules ( PCT rules) comprise several defined terms. For full further detail about them, please consult Practice Note: SDLT—pre-completion transactions— Defined terms under PCT rules......
Companies may face differing SDLT rates when purchasing various categories of property, including residential, non-residential (commercial premises), or mixed-use assets, depending on the nature of the acquisition......
Paragraph 7(2) of Schedule 4 to the Electricity Act 1989 ( EA 1989) states that: When a right granted by a wayleave is exercised and damage is caused to land or moveables, any person with an interest in that land or those moveables may claim compensation from the licence holder for the damage. Likewise, where using such a right disrupts someone’s enjoyment of any land or moveables, that individual may recover compensation from the licence holder for the disturbance. The EA 1989 empowers entities permitted to generate, transport or supply electricity to obtain a wayleave to place an electric line on, under or over private land, together with access rights for inspection, maintenance and replacement......
Trustees frequently seek to limit personal liability when entering a deal (here, a transfer). Whether a purchaser agrees is subject to negotiation. In this scenario, the exposure for the second trustee appears slight, as they are disposing of just one asset, so they might be willing to abandon that condition. The purchaser must be satisfied that the trustee has been properly appointed and is authorised to give a valid receipt for the sale monies so that any equitable interests are overreached......
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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 ]...
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