In a case where a freeholder failed to offer qualifying tenants the right of first refusal, under the Landlord and Tenant Act 1987 prior to granting roof space leases, the High Court held that a tenants’ s19 default notice was valid. It also held that the court at first instance had not been wrong in declining to exercise its discretion not to order the transfer of the leases and that the “principal terms” of the contract may be more than simply the consideration, even if not in fact included within the original contract.
Landlord and Tenant (General)
This section contains material on a number of different landlord and tenant matters. The topics covered can be seen in the contents box on the left. There are also separate specialist landlord and tenant sections in the Update Library on:
How To Do a Rent Review – Part 11
Article contributed by Michael Lever Introduction This series provides an overview of the practicalities in England and Wales. Specific problems need particular attention; every property and every lease differs, so the series is not a substitute for specific...
Landlord and Tenant Act 1987, Part I
Article contributed by Sarah Thompson-Copsey Sarah Thompson-Copsey examines a recent ruling by the Court of Appeal concerning the Landlord and Tenant Act 1987, Part I. The focus is specifically on tenants' pre-emption rights, s5 notices, principal terms, and...
Valid Tenancy Agreements
Article contributed by Ian Quayle Ian Quayle delves into the intricate details of [2023] EWHC 2529 (Ch), shedding light on the complexities surrounding the establishment of a valid agreement for lease. Summary This case confirms what is required...
Modifying Lease Terms in Response to Fire Safety Issues
Article contributed by Ian Quayle The issue of being able to correctly identify the extent of the demise becomes important when attempting to identify the physical extent of a repairing obligation under a residential lease as can be seen from this recent First Tier...
Landlord and Tenant Act 1954, Part II – Gill v Lees News Ltd
Article contributed by Sarah Thompson-Copsey Sarah Thompson-Copsey considers a useful recent Court of Appeal decision on the Landlord and Tenant Act 1954 in relation to opposing renewal: grounds (a), (b), and (c). Case name, reference and Bailii link ...
Landlord and Tenant Act 1954, Part II – BMW (UK) Ltd v K Group Holdings Ltd
Article contributed by Sarah Thompson-Copsey In her analysis of the recent county court decision in BMW (UK) Ltd v K Group Holdings Ltd, Sarah Thompson-Copsey delves into the intricate details surrounding lease renewal under the Landlord and Tenant Act 1954...
Landlord and Tenant Act 1954, Part II – B&M Retail Ltd v HSBC Pension Trust (UK) Ltd
Sarah Thompson-Copsey discusses the recent case of B&M Retail Ltd v HSBC in relation to the Landlord and Tenant Act 1954, Part II, with particular focus on lease renewal terms and the landlord’s break right. Case name, reference and Bailii link B&M...
How To Do a Rent Review – Part 10 (Agreement)
Article contributed by Michael Lever This series provides an overview of the practicalities in England and Wales. Specific problems need particular attention; every property and every lease differs, so the series is not a substitute for specific advice. Where a...
How To Do a Rent Review – Part 9
Article contributed by Michael Lever This series provides an overview of the practicalities in England and Wales. Specific problems need particular attention; every property and every lease differ, so the series is not a substitute for specific advice. ...