Landlord, Tenant and Property

  • Accessing Your Own Land

    Prior to the introduction of revised procedures (set out in regulations under section 68 of the Countryside and Rights of Way Act 2000 , which came into effect in July 2002), people who had to cross common land in order to reach their homes were sometimes...

  • Business Tenancies - What is a Business?

    The question as to what sort of organisations can be regarded as businesses came before the courts in a case involving a not-for-profit company which had failed to give the required notices to protect their tenancy under the Landlord and Tenant Act 1954 . ...

  • Community Planning

    Linda Saunders, Head of Planning at Mayo Wynne Baxter, has been  selected as a  v olunteer for Planning Aid, as part of a pro-bono community planning scheme designed to  give individuals and communities  access to...

  • Compensation for Loss of Light

    Following a recent case in which a dispute regarding a property owner’s right to light was unexpectedly dealt with by the granting of an injunction against a developer, a more recent case has offered guidance on how much compensation might be payable...

  • Data Protection Guidance for Landlords

    The Information Commissioner's best practice guide for landlords - written to to assist them in complying with the Data Protection Act can be downloaded from the Information Commissioner’s website . The guide includes a checklist which is intended to...

  • Guidance on Letters of Intent

    Letters of intent are widely used in the building trade, because it is normal for both developer and contractor to wish to make progress on a building project without having to wait until the formal contractual arrangements have been fully agreed. However,...

  • Landlord's Repairs and Loss of Trade

    One of the continuing sources of friction between landlords and tenants is the maintenance of buildings. Normally, the arguments are over inadequate maintenance, but a recent case dealt with problems which arose when a landlord repaired a building occupied...

  • Landlords - Dealing With Pre-Pack Tenants

    Businesses in financial difficulties are increasingly seeking ways of ridding themselves of extra costs and, in many cases, premises let in more promising economic times are viewed as a substantial and avoidable liability, especially for businesses which...

  • Landlords and the Disability Discrimination Act

    The Disability Discrimination Act 1995 (DDA) – which was amended in 2005 – has caused concern amongst the owners of let properties for some time because of uncertainty as to the limits of their responsibilities to make the properties they let...

  • Late Payment and Material Breach

    Recent guidance has been given by the High Court on what constitutes a ‘material breach’ of a contract and the circumstances necessary for late payment to be regarded as serious enough to justify the termination of a contract. The dispute arose...

  • Leases - Code of Practice

    In 2007, a new code of practice for commercial leases was released following a long consultation exercise involving landlords and other interested parties. The code made a number of changes to the substance and detail of the then current practice. These...

  • Mixed Premises - Legal Status

    Living ‘above the shop’ is quite common in the small business sector and where the premises are rented, the lease will cover both the business and residential parts of the property. However, the statutory basis for repossession is quite different...

  • Optional Errors

    People who want to buy a property but do not currently have the means to do so, or who simply want to be guaranteed the opportunity to buy it during a specified period or at some future date, will often undertake an option agreement with the owner. Under...

  • Options and Pre-emption Rights

    Prospective purchasers and vendors of land frequently wish to ‘lock in’ the other party to the deal and the means by which this is done will normally involve the prospective vendor either giving the prospective purchaser an option to purchase the...

  • PPS 4: Economic Development Reality Check

    The latest government advice issued on 29 December will support planning applications which create vitality, not only in our town centres but in the countryside in our villages and country towns. However, in relation to the threat from out of town...

  • Private Landlords Hit By Rent Arrears

    Nearly 75% of landlords have been hit by rent arrears as tenants struggle in the recession, a new report reveals. Figures recently released by The National Landlords Association show that more than 40% of the landlords lobbied have experienced problems with...

  • Rent Arrears Protocol

    Since October 2006, a revised protocol has applied where a social landlord wishes to gain possession of a property occupied by a tenant under a secure tenancy, where possession is sought on the grounds of arrears of rent. It does not apply to claims in...

  • Right to Buy - Can Tenants Buy Their Commercial Property?

    A recent decision of the House of Lords may have opened the door for thousands of tenants of offices and other properties originally designed to be used as homes to be given the right to buy their properties. The Leasehold Reform Act 1967 gives a long...

  • Stamp Duty Land Tax: Beginner's Guide

    Stamp Duty Land Tax (SDLT) is a self-assessed tax. The onus is on the taxpayer to make the necessary land transaction return, calculate the tax and pay it across. This is a fundamental change. The old Stamp Duty regime taxed documents, so it was...

  • Tenancy Deposit Protection Schemes - Rules

    If you are a landlord it is vital that you are aware of the requirement, introduced in April 2007, that all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales must be...

  • Termination of Leases - Tips for Landlords

    In the present economic environment, many tenants will be seeking to vacate premises, reduce the size of their premises or renegotiate their leases, so times are tough for landlords. Furthermore, tenants who were ‘good tenants’ or who seemed...

  • Termination of Leases - Tips for Tenants

    Break clauses in commercial leases have probably received more attention from tenants in the last year or so than at any time since the early 1990s. For tenants seeking to break their leases, here are some pointers: • Make sure any notice to break the...

  • The Duty to Manage Asbestos - HSE Guidance

      According to statistics provided by the Health and Safety Executive (HSE), asbestos is the single greatest cause of work-related deaths in the UK. Every year 1,000 people who have been involved in carrying out building maintenance and repair work...

  • The South Downs National Park

    The South Downs National Park is expected to be fully designated towards the end of this year, and the South Downs National Park Authority (NPA) will look after the Park from April 2011. Two areas of Outstanding Natural Beauty (and the South Downs Joint...

  • What Do You Pay for Work After the Contract Ends?

    It is very common, especially with building contracts, for work to be needed to be done by contractors after the expiry of the original contract. Recently, a case came to court in which a company that had obtained work under tender for Brunel University...
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