Tenant Definition

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GLOSSARY

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What does Tenant mean?

A person to whom a lease is granted.

A tenant is entitled to exclusive possession of the land subject to the lease as against his landlord. As a party to a relationship of landlord and tenant, a tenant has a wide variety of rights and obligations. The essential rights and obligations are that the tenant is entitled to exclusive possession, he must pay a rent and he must give up the property at the end of the time for which the lease runs.

View the related checklists about Tenant

Rights of light—identifying provisions in leases—checklist

Rights of light—identifying provisions in leases—checklist This Checklist sets out which clauses in a lease and other relevant documents should be reviewed to determine whether a right of light exists. A right of light is an easement that entitles a landowner to receive natural light through an aperture in a building on its property. The owner of the land that is burdened by the right of light (the 'servient Building') cannot interfere with it without consent. On any proposed development it is therefore necessary to identify any neighbouring properties potentially enjoying a right of light (the 'dominant Building'). For further information regarding rights of light, see the following Practice Notes: • Establishing and maintaining rights of light • Rights of light—obstruction notices • Rights of light claims • Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, which means that a right of light can be acquired for their own benefit and in their own right by those with a...

Post-completion environmental issues (asset purchase)—checklist

Post-completion environmental issues (asset purchase)—checklist In an asset purchase transaction, the buyer acquires only those assets and assumes only those liabilities it wishes to acquire (as set out in the asset purchase agreement). Post-completion, the buyer may need to deal with specific environmental, health and safety (EHS) issues, revealed through due diligence. For example, the buyer may need to transfer or apply for a permit, join a packaging waste compliance scheme or improve health & safety documentation post completion. Common post completion EHS issues in asset purchase transactions include: • transferring environmental permits • checking whether the purchase has triggered any new obligations under environmental regimes, such as producer responsibility, energy efficiency and carbon schemes • addressing issues raised in any environmental audits and reports and any contract conditions • advising on environmental insurance and other risk mitigation strategies • obtaining reliance agreements or collateral warranties for reliance on environmental reports Transfer of environmental permits In an asset sale, the name of the operator/permit holder will change. As a result,...

Landlord and Tenant Act 1987—what are premises, what is a flat and who is a qualifying tenant?

What are premises?For LTA 1987 to apply there must be premises:•which constitute the whole or part of a building•which are used 100% for residential purposes or (where use is mixed residential/commercial) as to 50% or more of the internal floor area of the premises (excluding the floor area of common parts) for residential purposes•which contain two or more flats held by qualifying tenants•in which the aggregate number of flats held by qualifying tenants exceeds 50% of the total number of flats in the premisesIn addition they must be premises which are either:•the subject of the planned relevant disposal by the landlord (ie the very premises he proposes to sell or let), or•'affected by' the planned relevant disposal'Affected by' is not defined in LTA 1987, though there is some help to be gained from LTA 1987, s 4(1). It appears to be a matter of feel whether the part of premises are affected by a disposal of other parts. In Dartmouth the court rejected the argument that the premises affected by...

Statutory Protection against mortgage repossession for residential tenants

The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A 2010) applies where a landlord of a mortgaged property grants a residential tenancy without obtaining the lender's consent. It intervenes where the landlord defaults and the lender obtains a possession order, and obliges the lender to serve a notice on the tenant advising them of their rights under MR(PT)A 2010. A tenant can request the lender to delay enforcing the possession order so they can find alternative accommodation and avoid homelessness. If the lender refuses, the tenant can apply to court to ask it to order a delay. Tenants may still be vulnerable as a lender does not always require a court order to obtain possession and so the tenant may not have the chance to claim relief.Tenancies granted without mortgagee's consentHistorically, tenants have had few rights if their landlord defaults on mortgage repayments. Tenancies granted after the mortgage date and without the lender’s consent offered no rights of occupation or protection against the lender. Consequently, the tenant could face...

Discover our 1170 Practice Notes on Tenant

Clause appointing second trustee on sale of land by surviving tenant in common

So that the Transferor can give a good receipt for the purchase money, [insert details of sole surviving registered proprietor or estate owner] in exercise of [his

Leases—tenant environmental covenants

Produced in partnership with ELM Law 1 Definitions Environment all or any of the following media, namely air (including the air within buildings and the air within other natural or man-made structures above or below ground), land (including buildings and any other structures or erections in, on or under it and any soil and anything below the surface of the land) and water (including surface water, coastal water and groundwater) and any living organisms and ecosystems supported by those media Environmental Law all applicable statutes, subordinate legislation, directives, regulations, common law, orders, judgments, instructions of any regulatory authority or court, codes of practice and guidance...

Dive into our 466 Precedents related to Tenant

Who is responsible for an occupier's liability claim when the accident occurred in premises subject to a lease? The tenant company had ceased trading before the accident and a new tenant company had not entered into a new lease agreement with the landlord.

Who is responsible for an occupier's liability claim when the accident occurred in premises subject to a lease? The tenant company had ceased trading before the accident and a new tenant company had not entered into a new lease agreement with the landlord. This Q&A considers who may qualify as an occupier under the Occupiers’ Liability Act 1957 (OLA 1957). OLA 1957 contains no definition of an ‘occupier’. The issue of who is an occupier is dealt with under the common law. It is important to recognise that the key issue is of control over, rather than ownership of, the premises. An occupier is any legal entity with a sufficient degree of control over premises such that it can properly be considered to be an occupier (see Wheat v E Lacon). The key element is that the occupier has effective control. There is no requirement for the occupier to have a legal interest in the land. There can be multiple occupiers of premises at any given time. It has...

Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party?

Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party? Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) has the right to occupy a dwelling house, the other spouse is entitled to register home rights, provided that the property has been the matrimonial home. Those home rights may be protected, in the case of a property held in the sole name of one spouse only, by way of a notice being registered with the Land Registry. If the title to the property is registered, then the application for the home rights notice should be made using Form HR1—Application for registration of a notice of home rights. If the property is unregistered, an application may be made to the Land Charges Department for the registration of a Class F land charge. A spouse may only protect their interest in one property at...

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How long is twelve months? Upper Tribunal (Lands Chamber) considers principles for calculation of time periods (Moh v Rimal Properties Ltd; Kelly v Bostall Estates Ltd)

Property Disputes analysis: These appeals (heard together) concerned two applications for rent repayment orders against landlords who had each been managing a house in multiple occupation (HMO) without a licence. Both applications were dismissed as out of time, with this being upheld on appeal. In deciding the appeal, the Upper Tribunal (UT) had to decide how the expression ‘in the period of 12 months ending with the day on which the application is made’ was to be construed. In so doing, the judge considered the leading authorities on the construction of time periods, before finding these did not cover the statutory language used. It is a useful reminder to all practitioners that a time period can be shorter than it first appears. The judge also had to decide at what point in time a defence under section 72 of the Housing Act 2004 (HA 2004) is deemed to arise for the purpose of calculating the time period. Written by Joseph Bunting and Timothy Foot, barristers, Maitland Chambers, London.

Environment weekly highlights—12 December 2024

This week's edition of Environment weekly highlights includes: news analysis on the 29th Conference of the Parties of the United Nations Framework Convention on Climate Change (COP29) outcomes, some of the key UK and international climate litigation developments in 2024 pertaining to the energy sector, the key takeaways and what is on the horizon for 2025 and beyond and insured losses from natural catastrophes projected to pass US$135bn in 2024, marking the fifth consecutive year in which the total exceeded US$100bn, according to a report by the Swiss Re Institute. It also covers Friends of the Earth (FoE), along with co-claimants, Doug Paulley and Kevin Jordan’s appeal against the High Court's October 2024 decision, which dismissed their legal challenge to the UK government's National Adaptation Programme 3 (NAP3) and the United Nations Environment Programme (UNEP)’s adjournment of negotiations for a legally binding global treaty on plastic pollution until 2025, following the conclusion of the fifth session in Busan, South Korea. In additions this week, the Department for Energy Security and...

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