Security of tenure for business tenancies under the Landlord and Tenant Act 1954 is a key area for a property litigator. Get the research and tools to advise on how security arises and how it’s terminated, daily.
Guidance covers the procedural and practical considerations prior to and throughout the process of forfeiting a lease. We give detailed guidance, linking deeper commentary, forms, precedents and a wide range of Q&As.
Guidance to secure rights to install and retain equipment to provide electronic communications services. Code issues, in respect of granting and terminating agreements, frequently arise between landowners and operators.
Understand practice and procedures, the implications of legislation and case law. Our notes have direct links to relevant cases, legislation, guidance and commentary. Get daily news feeds and weekly highlights.
The Law Commission has published its Annual Report for 2023–2024. Amongst other matters, the report confirms that the Commission has been undertaking...
HM Land Registry (HMLR) has updated five practice guides: Practice Guide 11—Inspection and application for official copies, Practice Guide 19—Notices,...
This week's edition of Property Disputes weekly highlights includes: a Supreme Court decision on Japanese Knotweed, High Court decisions on a lease...
The Supreme Court has unanimously allowed the appeal in Davies v Bridgend County Borough Council [2024] UKSC 15, holding that, in consideration of the...
HM Land Registry (HMLR) has updated two practice guides: Practice Guide 43—Investigation or enforcement proceedings (court, insolvency, tax):...
Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
Establishing a beneficial interest (joint ownership)Where two or more people together own real property, they hold it under a trust of land. Where...
Summary of security of tenure for farm business tenanciesFarm business tenanciesA farm business tenancy is any tenancy of agricultural land that is...
A summary of types of private residential tenanciesThe difference between types of private residential tenancies in England depends on when the...
Contracting out of the Landlord and Tenant Act 1954—procedure for an agreement to surrender a lease—checklistThis Checklist covers the procedure for...
Particulars of claim for forfeiture for rent arrearsParticulars of Claim1The Claimant is the [freehold OR leasehold] owner of the premises known as...
Statutory declaration — adverse possession pre-Land Registration Act 2002I, [name], of [address], do solemnly and sincerely declare that:1As the...
Letter sending out draft licence to assignLandlord: [name of Landlord] [of OR incorporated in England and Wales with company registration number...
Notice claiming a deposit from the tenantLEASEHOLD REFORM ACT 1967 Leasehold Reform (Enfranchisement and Extension) Regulations 1967, SI...
Landlord’s notice to act independentlyLeasehold Reform, Housing and Urban Development Act 1993, section 40 and Schedule 11, paragraph 7NOTICE OF...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
Order for sale—next steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale...
Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It normally...
Successors in title—leasesThe meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of...
Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
What happens to an underlease on termination of the lease?The general common law principle is that when a lease comes to an end any underlease...
Estoppel and property lawThis Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of...
Release from landlord's covenants—LT(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an...
Breach of Missives—remedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
The right of a Trustee in Bankruptcy, Liquidator or the Crown to disclaim onerous property (often a leasehold interest). The effect is to bring any ongoing liabilities (of the bankrupt, company or the Crown) in relation to the property to an end.
The amount of rent which a tenant pays whilst its tenancy is continued pursuant to LTA 1954, s 24, where an application for interim rent is made by the landlord or tenant.
A right of light is a form of easement that gives a landowner the right to receive light through defined apertures in buildings on its land.