August 2012 Archive

Forfeiture of residential long leases

When seeking to recover arrears of service charge, the simplest method is to issue county court proceedings; in around 80% of cases, nothing further is needed. Once a county court judgment (CCJ) is obtained, the arrears are paid either by the defaulting tenant or, more usually, by their mortgage company. However, in cases where the tenant and/or their mortgagee fails to pay, the ultimate sanction is forfeiture.

Terminating a commercial oral tenancy

A number of difficulties can arise where the tenancy of commercial premises has not been recorded properly in writing. Usually these types of tenancies will form into periodic period tenancies and the length of the period will be determined by the frequency of the rent payments. If the agreement is for rent of ‘X’ amount a year payable monthly then a yearly periodic tenancy would have been created. However, if the rent is agreed at ‘X’ amount per month then a monthly periodic tenancy will have been created.

Criminal offence to squat in a residential building

The statutory instrument which enacts Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 has now been made. This means that from 1 September 2012 it will be a criminal offence to squat in a residential building. Anyone squatting in a residential building at that date, even if they entered before the 1 September 2012, will be committing a criminal offence if they originally entered without permission.

Recovery of unpaid rent from subtenant

If a tenant has not paid a quarter’s rent and the premises is sublet then it is possible for the landlord to serve what is known as Section 6 Notice, which is a notice under Section 6 of the Law of Distress (Amendment) Act 1908. The notice requires the subtenant to pay the rent the subtenant would normally pay to the head tenant to the superior landlord until such time as the arrears specified in the notice are paid off.

Landlord and tenant fixtures - who owns what?

A question that we are often asked is “How do you identify what is a landlord’s fixture and what is a tenant’s fixture?”. This becomes particularly important to the parties at the end of a lease. Who the fixtures are attributed to can have a very significant impact on the way they should be treated. To be considered as a tenant’s fixture the items must have been affixed to the premises by or on behalf of the tenant and belong to a recognised category of tenant’s fixture.
Filter by expertise