Landlord and Tenant

A note which considers: On whom should a break notice be served. The best approach to serving a notice if there is uncertainty about the correct recipient. In what circumstances notices should be served on managing agents.

A practice note on the procedures introduced by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 in relation to the termination of business tenancies without renewal. This practice note explains the procedures to be used where either the landlord or the tenant wishes to initiate the termination of a lease without the grant of a new lease. The Order came into force on 1 June 2004. For information on the procedures relating to the renewal of business tenancies, see Practice note, Business tenancies: procedures for renewal.

A note discussing the implication of the Landlord and Tenant Act 1954 (LTA 1954) on underleases.

This practice note explains the effects of Part 3 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) on the law relating to recovery of commercial rent arrears. Part 3 of the TCEA 2007 replaces the remedy of distress with a new procedure for recovery of commercial rent arrears. The TCEA 2007 received Royal Assent on 19 July 2007. Part 3 is not yet in force. Section 25 of the Crime and Courts Act 2013 (CCA 2013) amends Schedule 12 to the TCEA 2007 with a view to Part 3 of the TCEA 2007 being brought into force but section 25 of the CCA 2013 is also not yet in force. For more information on commencement of the TCEA 2007, see Legislation tracker note: Tribunals, Courts and Enforcement Act 2007  and Legal update, Crime and Courts Bill 2012-13 receives Royal Assent. Although Schedule 12 sets out the framework for the procedure, much of the detail on how the procedure operates will be contained in regulations that are yet to be made. The Ministry of Justice intends to have draft regulations prepared by summer 2013.

A note discussing the court procedure under CPR 55 for obtaining possession of property occupied for residential purposes. The note looks at: Common types of claim where this procedure should be followed. Protection from eviction. The standard procedure under CPR 55. The accelerated procedure under CPR 55. Enforcing a possession order.

A note on how the court will determine the terms of a renewal lease under the Landlord and Tenant Act 1954 in the event that the parties cannot agree.

A note on how to effect peaceable re-entry of commercial premises, where the tenant has not paid rent.

This practice note provides a guide to writs of fieri facias and their effectiveness as an enforcement method and a summary of the practical and procedural steps involved. In the county courts, the equivalent to a writ of fi fa is called a warrant of execution. This note deals only with the procedure for writs of fi fa. There is some information on the procedure for warrants of execution on the HCMTS website. We anticipate that the law will change following the coming into force of the relevant parts of the Tribunal, Courts and Enforcement Act 2007. When those sections are in force, the detail of the note will be amended accordingly.

A note on the landlord's right to forfeit a long residential lease and the procedure to be followed.

A practice note on the procedures to exclude security of tenure from a business lease under the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (SI 2003/3096).

A note on the rights of first refusal enjoyed by residential tenants under the Landlord and Tenant Act 1987, as amended by the Housing Act 1996.

The Landlord and Tenant Act 1988 places duties on landlords (and others) in relation to the grant of consent to dealings with leased property. This practice note examines those duties and the issue of reasonableness.

A note on the landlord's ability to distrain for rent arrears if the tenant has failed to register the lease.

A note discussing the principle that a valid notice given by a landlord under section 25 of the Landlord and Tenant Act 1954 (LTA 1954) cannot be unilaterally withdrawn. The same principle will apply to a request made by a tenant under section 26 of the LTA 1954.

A practice note on procedures in relation to interim rent applications under the Landlord and Tenant Act 1954. The note considers how interim rent should be calculated and when an application to court should be made.

A practice note discussing the landlord's right to oppose the renewal of a business tenancy on the ground that the premises are in disrepair (section 30(1)(a), Landlord and Tenant Act 1954). The note looks at: The meaning of disrepair in the context of the LTA 1954. The court's discretion under Ground (a). Considerations for the landlord and the tenant when dealing with an opposed lease renewal.

A practice note discussing the landlord's right to oppose the renewal of a business tenancy on the ground there are substantial breaches of the lease (section 30(1)(c), Landlord and Tenant Act 1954). The note looks at: The meaning of substantial breaches. The meaning of breaches connected to the tenant's use of the premises. The exercise of the court's discretion. Considerations for the landlord and the tenant.

A practice note discussing the landlord's right to oppose the renewal of a business tenancy on the ground that the tenant has an underlease of part and the landlord requires possession (section 30(1)(e), Landlord and Tenant Act 1954). This is the least common ground of opposition and there is very little case law to give guidance on how it should be used. The note looks at the requirements set out in the statute.

A practice note discussing the landlord's right to oppose the renewal of a business tenancy on the ground the landlord intends to occupy the premises for the purpose of its own business (section 30(1)(g), Landlord and Tenant Act 1954). The note looks at the test the landlord must satisfy to oppose a lease renewal on Ground (g), including what is meant by occupation and intention. It also discusses the exclusion of landlords who have owned the interest for less than five years.

A practice note on the criteria that must be satisfied for a tenant of a business lease to have security of tenure under the Landlord and Tenant Act 1954 (LTA 1954).

A note on the obligations of an involuntary bailee, and what the landlord may do with the tenant's belongings that have been left behind in the demised premises after the end of the term.

This note provides an overview of the pre-action protocol for possession claims based on rent arrears predominantly dealt with in the county court.

A note on why you need a court order for relief from forfeiture for non-payment of rent and the dangers of the landlord and tenant agreeing to relief without a court order.

A note on the current fee payable for administering a statutory declaration.

This Practice note summarises the procedure for taking control of goods in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007). The provisions in Schedule 12 are not yet in force. Section 25 of the Crime and Courts Act 2013 (CCA 2013) amends Schedule 12 to the TCEA 2007 with a view to Part 3 of the TCEA 2007 being brought into force but section 25 of the CCA 2013 is not yet in force. For more information on commencement of the TCEA 2007, see Legislation tracker note: Tribunals, Courts and Enforcement Act 2007 and Legal update, Crime and Courts Bill 2012-13 receives Royal Assent. The procedure in Schedule 12 may be used by a landlord under a lease of commercial premises to recover rent payable by the tenant. This power is known as commercial rent arrears recovery (see Practice note, Commercial rent arrears recovery). Although Schedule 12 sets out the framework for the procedure, much of the detail on how the procedure operates will be contained in regulations that are yet to be made. The Ministry of Justice intends to have draft regulations prepared by summer 2013.  

Who should the landlord serve with a counter-notice in response to a tenant's claim for an extended lease under the Leasehold Reform Housing and Urban Development Act 1993: the tenant or the assignee or both?

A note on the survival of an interim rent application under the Landlord and Tenant Act 1954 when the claim for a business lease renewal or termination is discontinued.