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A person to whom a lease is granted.
A tenant is entitled to exclusive possession of the land subject to the lease as against his landlord. As a party to a relationship of landlord and tenant, a tenant has a wide variety of rights and obligations. The essential rights and obligations are that the tenant is entitled to exclusive possession, he must pay a rent and he must give up the property at the end of the time for which the lease runs.
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Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...
Option agreements—acting for the buyer—checklist Call or put option? In a 'call' option the buyer will have control in that it may call for a transfer of the property. A 'put' option gives the seller control in that it can require the buyer to take a transfer of the property and therefore the buyer should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Seller's charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: • joins into the agreement (this is rare in practice), or • provides written consent to the granting of the option In either case, the mortgagee should confirm that if the buyer exercises the option it will acquire the property free from the charge or, if the mortgagee...
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What are premises?For LTA 1987 to apply there must be premises:•which constitute the whole or part of a building•which are used 100% for residential purposes or (where use is mixed residential/commercial) as to 50% or more of the internal floor area of the premises (excluding the floor area of common parts) for residential purposes•which contain two or more flats held by qualifying tenants•in which the aggregate number of flats held by qualifying tenants exceeds 50% of the total number of flats in the premisesIn addition they must be premises which are either:•the subject of the planned relevant disposal by the landlord (ie the very premises he proposes to sell or let), or•'affected by' the planned relevant disposal'Affected by' is not defined in LTA 1987, though there is some help to be gained from LTA 1987, s 4(1). It appears to be a matter of feel whether the part of premises are affected by a disposal of other parts. In Dartmouth the court rejected the argument that the premises affected by...
The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A 2010) applies where a landlord of a mortgaged property grants a residential tenancy without obtaining the lender's consent. It intervenes where the landlord defaults and the lender obtains a possession order, and obliges the lender to serve a notice on the tenant advising them of their rights under MR(PT)A 2010. A tenant can request the lender to delay enforcing the possession order so they can find alternative accommodation and avoid homelessness. If the lender refuses, the tenant can apply to court to ask it to order a delay. Tenants may still be vulnerable as a lender does not always require a court order to obtain possession and so the tenant may not have the chance to claim relief.Tenancies granted without mortgagee's consentHistorically, tenants have had few rights if their landlord defaults on mortgage repayments. Tenancies granted after the mortgage date and without the lender’s consent offered no rights of occupation or protection against the lender. Consequently, the tenant could face...
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Letter to developer client at the start of development project To: [insert client name and address] Date: [insert date] Dear [contact name] [Project name/Address] Thank you for instructing us in relation to [description of project and address]. So that we have as much information as possible at the outset of this project, and to highlight any key issues, I would be grateful if you could confirm the following and bring any relevant documents [including those listed in the schedule to this letter] to our meeting on [date]: The works • A full description of the intended project (ie intended floor area, how many floors, any car parking, etc) • Will the works constitute the construction of, or building works to, a ‘higher-risk building’ for the purposes of the Building Safety Act 2022? • Intended start on site date • Intended completion date • Estimated construction cost • Have any members of the design/construction team been selected, particularly the principal designer and principal contractor? • Has a...
Occupier’s consent to mortgage THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD TAKE LEGAL ADVICE BEFORE SIGNING. IF YOU SIGN AND THE LENDER IS NOT PAID YOU MAY LOSE ANY INTEREST YOU MAY HAVE IN THE PROPERTY. Occupier: [insert name of occupier] of [insert address of Occupier] (the ‘Occupier’). Borrower[s]: [insert name(s) of Borrower(s)] of [insert address of Borrower(s)] [(the ‘Borrower’) OR (together, the ‘Borrowers’)]. Relationship to Borrower[s]: [daughter, son or as appropriate]. Property: the property known as [insert details][ registered at HM Land Registry under title number [insert title number]] (the ‘Property’). Lender: [insert name of Lender] incorporated in England and Wales with company registration number [insert company registration number] whose registered office is at [insert registered office address of Lender] (the ‘Lender’). Mortgage: a legal mortgage granted by the Borrower[s] in favour of the Lender to secure all sums due to the Lender as set out in the legal mortgage (the ‘Mortgage’). 1 In consideration of the Lender agreeing to make...
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Can a landlord change from one letting agent to another during the course of the tenancy? The starting point for any contractual dispute is always the wording of the contract. In this Q&A, the first question is: does the contract permit the landlord to terminate the contract with the letting agent? And, if so, on what terms? Where the landlord is an institutional landlord and, in effect, has as much bargaining power (or more) than the letting agent, the issue is purely one of contract. Accordingly, if there is no clear termination provision, or the termination provision is fettered (eg it cannot be exercised while the property is occupied by a tenant introduced by the letting agent), or there is a fee payable by the landlord whether or not the contract is terminated, it is purely a matter of contract whether the landlord can terminate the agreement. Accordingly, the true construction of the contract will determine the outcome—and, in this connection, there has been a notable swing in recent years...
If an application for a new lease under the Landlord and Tenant Act 1954 is sent to the court before the expiry of the section 25 notice but not issued before the expiry, is the claim still valid? In accordance with section 29A of the Landlord and Tenant Act 1954 (LTA 1954), following service of an unopposed section 25 notice by the landlord of a commercial lease, either party has until the expiry of the statutory period to make an application to the court to determine the terms of a renewal lease. The end of the statutory period is the date of termination as specified in paragraph 2 of the section 25 notice (or the day before the date for commencement of the new tenancy specified in a Section 26 request). This deadline is of particular importance to the tenant, as a tenant which fails to make an application to the court prior to the expiry of the statutory period loses its right to a renewal lease under LTA 1954...
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This week's edition of Property weekly highlights includes: a Supreme Court decision on the qualifying period for adverse possession, cases on consideration for interim access under the Telecoms Code, overriding interests, discharge of obsolete restrictive covenants and service charges for substandard work, plus an update on Law Commission recommendations.
This week's edition of Property Disputes weekly highlights includes: a Supreme Court decision concerning the qualifying period for adverse possession, the progress of the Renters’ Rights Bill, Upper Tribunal decisions where nominal consideration only was awarded for survey access under the Electronic Communications Code, the discharge of an obsolete personal covenant and the remission of a service charge dispute back to the First-tier Tribunal due to the lack of explanation regarding the reasonableness of the amounts charged. It also includes a High Court decision that a mortgage took priority over the interest of a defendant who was not in actual occupation, the Master of Rolls’ speech on the Digital Justice System and the Royal Institution of Chartered Surveyors’ practice alert on expert witness standards in housing disrepair cases.
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