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Surrender

Also see "is notice by tenant valid" Surrender by operation of law An agreement by the landlord and the tenant that the term shall be put an end to, acted upon by the tenant's quitting the premises and the landlord by some  unequivocal act taking possession, amounts to a surrender by operation of law. [Phene v Popplewell (1862) 12 C.B.N.S. ...

Subletting (Assured Shorthold Tenancy)

Termination of head tenancy: effect on assured [shorthold] tenancy The common law provides that where a tenancy is determined all sub-tenancies automatically come to an end unless the superior tenancy has been determined by surrender. S.18 Housing Act 1988 nullifies this rule in relation to assured [shorthold] sub-tenancies lawfully granted ...

Is flat above shop residential or commercial?

Kent Coast Property Investments v Ward [1990] 45 E.G. 107 Abstract: Where a demise consisted of a corner shop with accommodation above, and the shop was found to have been occupied for the purposes of a business, the entire demise was subject to the Landlord and Tenant Act 1954 Part II . T was tenant of premises which had the appearance of a ...

Exclusion of Landlord

All assured (and assured shorthold) tenancies grant “exclusive possession"

Assignment by Tenant and Withhold Consent

Introduction A sub-letting of the whole term operates as an assignment. An assignment is different to a sub-letting because the estate in land is transferred from the first tenant to the new tenant. However, an assignment by a tenant is ineffective to pass the tenant's legal estate to the proposed assignees unless it is made by deed [s52(1) ...

Couple win £1bn fight over family business ‘stealth tax’

by ANDREW LEVY - More by this author » Last updated at 20:01pm on 25th July 2007 A couple who run a small business won a legal victory yesterday that could cost the taxman £1billion a year. Information technology consultant Geoff Jones and his wife Diana have fought a six-year court battle to claw back a levy on "dividend"payments. Their ...

Student Deposit

A problem for student lettings with the tenancy deposit legislation is that the deposit is often taken by the landlord in January, yet the tenancy often won't commence until between June and September. It seems a shame to have to protect the deposit during this period. Also, many students are the same tenants from the previous year so the ...

Tenant moves to another property, is he still protected by Rent Act?

Goringe v Twinsectra (CC (Staines)) County Court (Staines) 20 April 1994 [1994] C.L.Y. 2723 Abstract: T had resided in premises with H under a contractual tenancy since 1960. H became a statutory tenant of the premises, paying a monthly rent to the landlord. T succeeded to the statutory tenancy of the premises on H's death in 1977. In April ...

Succession on death of tenant

Tenants who have protection under the Rent Act 1977 are very well protected and there are extremely rare occasions when a landlord is able to seek possession. In addition, the rents on this type of tenancy are heavily controlled and generally no where near to market values. It was the case that members of the tenants family could "succeed" to

Seeking possession based on rent arrears (Rent Act tenancy)

Introduction A Rent Act Tenancy is technically either a "Protected Tenancy" or a "Statutory Tenancy". Collectively they are known as "Regulated Tenancies" [s18]. As long as it is in existence, a protected tenancy is contractual in nature (sometimes called common-law in nature). Virtually all Regulated Tenancies when first granted are a ...