Tenant Definition

See All Glossary Terms

Related Glossary Terms

GLOSSARY

Published by a ��Ӱ�� Property expert

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

Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for tenants—checklist

Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for tenants—checklist FORTHCOMING CHANGES: there are a number of proposed changes to the leasehold and enfranchisement landscape—for more information, see Practice Note: Property key future developments tracker. This Checklist sets out the considerations and steps to be taken by a tenant, and relevant timescales or deadlines for those steps, for qualifying tenants of long leases of flats to collectively acquire the freehold of the relevant premises containing the flats under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), including serving a section 13 notice of claim, considering the landlord’s section 21 counter-notice admitting or not admitting a claim and/or opposing the claim on the basis of intention to redevelop (or taking steps in the event of the landlord’s failure to serve a counter-notice), and deadlines for an application to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal in Wales (LVT)) for determination of terms if they cannot be agreed and/or the County Court in the event that the contract...

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...

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 1171 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 468 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...

How could the funder of a ‘first purchaser’ of a construction development obtain rights against the construction/design team?

How could the funder of a ‘first purchaser’ of a construction development obtain rights against the construction/design team? It is standard market practice for warranties to be provided by the construction/design team to the following beneficiaries: • funder of the development • any first purchaser of the whole or a substantial part • any first tenant of the whole or a substantial part • employer (if the warrantor is a consultant or sub-contractor) • freeholder Where a purchaser is the 'first' purchaser from the employer/developer, a typical construction contract will provide, therefore, that the first purchaser will be entitled to receive a collateral warranty equivalent (ie on the same terms) to that given to the employer/developer, from the same contractor/consultant/sub-contractor. Any other beneficiaries not listed above, ie the funder of a first purchaser, would be considered unusual and the warrantor would be likely to resist providing any such additional warranty (although the funder could always request one, the warrantor may agree). See: Collateral warranties—checklist. This differs to the...

See the 3611 Q&As about Tenant

Property weekly highlights—10 October 2024

This week's edition of Property weekly highlights includes: second reading of the Renters’ Rights Bill, the coming into force of provisions of the Leasehold and Freehold Reform Act 2024 which amend the Building Safety Act 2022, biodiversity gain plan templates for phased developments and cases on constructive trusts in bankruptcy, landlords’ attempts to remove leases from restructuring plans and SDLT.

Private Client weekly highlights—10 October 2024

This week’s edition of Private Client highlights includes: (1) the Law Commission’s consultation on burial and cremation laws; (2) Fox and Bridge v Bent, which concerned common intention constructive trusts and minors, and whether they can be successfully challenged by a trustee in bankruptcy; (3) Jassal v Shah, a first-instance decision which held that a claimant under the Inheritance (Provision for Family and Dependants) Act 1975 cannot be awarded provision towards their costs as part of the substantive award; (4) analysis of the Supreme Court’s decision on employment status in Professional Game Match Officials Limited; (5) the Ministry of Justice’s announcement that the new CPR 68 will no longer have effect from 1 October 2024; and (6) the Legal Ombudsman updates guidance on complaints involving legal fees.

Read the latest 2689 News articles on Tenant

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.

Case studies

"LexisLibrary gives us the most relevant and recent cases and always has the latest information on them. It makes research so much easier. We're more cost-effective for our clients and more efficient each day"

Advocates

Access all documents on Tenant

GET ACCESS NOW

Top

Trial

��Ӱ��

GLOSSARY