"We rely on ³ÉÈËÓ°Òô to give us a definitive answer, quickly and reliable every time so that we can be confident in the advice we use to help our clients."
Shelter
Access all documents on Tenant
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.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Due diligence—head lease use provisions—checklist On any due diligence exercise on the acquisition of a leasehold property it is essential to consider the permitted use, any breaches of the permitted use and the ability of the tenant to change use. Any provisions that are unduly restrictive may have an adverse impact on value or the ability of the buyer to secure finance or dispose of their interest. What is the permitted use? If there is no specific restriction in the lease, the buyer will be free to use the property as they please. However, most leases provide that the tenant may only use the property for a specific purpose or purposes. The relevant clause of the lease should be checked and reported on to the buyer. If the use permitted by the lease does not cover the buyer’s proposed use of the property, advise the buyer at the earliest opportunity. Consider making the purchase of the property conditional on the appropriate consent to the buyer’s use being obtained. The consequences...
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...
Discover our 119 Checklists on 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...
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 1167 Practice Notes on Tenant
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
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 467 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. 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? 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...
See the 3644 Q&As about Tenant
HM Land Registry (HMLR) has updated three practice guides: Practice Guide 26—Leases: determination, Practice Guide 27—The leasehold reform legislation, and Practice Guide 64— Prescribed clauses leases.
This week's edition of Property weekly highlights includes: the coming into force of certain enfranchisement provisions under the Leasehold and Freehold Reform Act 2024, a case on defective works and building liability orders under the Building Safety Act 2022 and cases on tenancies at will, service charges, a ‘forced disposal’ and boundary disputes.
Read the latest 2748 News articles on Tenant
**Trials are provided to all ³ÉÈËÓ°Òô content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ³ÉÈËÓ°Òô services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234