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All estates in land are held by virtue of either freehold tenure or leasehold tenure.
From the time when William the Conqueror declared all England to be his by conquest, theoretically only the Crown can own land. People who appear to own land actually own either (a) freehold estates in that land (which for almost all practical purposes amount to ownership of the land but which, technically, involve holding land from the Crown), in which case, theoretically, they hold the land from the Crown; or (b) leasehold estates (in which case they hold their estates by agreement with their lessors).
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Comparison between assured and short assured tenancies and PRTs—Scotland—checklist This Checklist considers and compares the differences between assured and short assured tenancies in Scotland created between 2 January 1989 until 30 November 2017 pursuant to the Housing (Scotland) Act 1988 (H(S)A 1988) (the ‘1988 Regime’), and private residential tenancies (PRTs) pursuant to the Private Housing (Tenancies) (Scotland) Act 2016 (PH(T)(S)A 2016) in force in Scotland from 1 December 2017 (the ‘2016 Regime’), see Practice Notes: Assured and short assured tenancies—Scotland and Private residential tenancies-Scotland. Subject 1988 Regime 2016 Regime Term Requires a fixed duration in order to satisfy the cardinal elements of a lease.A short assured tenancy requires a term of not less than six months. There is no term. The agreement is open ended. Tenancy Agreement The landlord is required to provide the tenant with a written agreement (see: H(S)A 1988, s 30) together with a Tenant Information Pack (see: Tenant Information Packs (Assured Tenancies) (Scotland) Amendment Order 2016, SSI 2016/334).There are no statutory terms of tenancy. The...
Obtaining and enforcing an order for possession—checklist This Checklist sets out a non-exhaustive list of steps to consider when making a possession claim following the end of a lease, and enforcing any order obtained. For detailed guidance, see Practice Notes: • Possession proceedings and • Enforcing a judgment or order for possession of land Preliminary checks Confirm entitlement to possession: • confirm that any fixed term has expired or (if the tenancy was periodic) that valid notice to quit was given and has expired (see Practice Note: Periodic tenancies) • in the case of a business lease, check that the tenancy was not protected by the Landlord and Tenant Act 1954 (see Practice Note: LTA 1954 business lease renewal—termination) • in the case of a residential tenancy, check that the tenant had no security of tenure (see Practice Note: A summary of types of private residential tenancies) Choose the correct court: • select the appropriate County Court hearing centre for property location • if wishing to issue in the High...
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LTA 1954 unopposed lease renewal procedure—flowchart A business lease automatically continues after the expiry of the contractual term if the tenant remains in occupation for business purposes under the Landlord and Tenant Act 1954 (LTA 1954). The statutory rights under the existing lease may be terminated by either party serving one of the statutory notices of termination. This flowchart sets out the procedure for an LTA 1954 unopposed business lease renewal. For the LTA 1954 opposed business lease renewal procedure, see: LTA 1954 opposed lease renewal procedure—flowchart. For more information regarding LTA 1954 security of tenure and the court procedure, see Practice Notes: LTA 1954 business lease renewal—proceedings and LTA 1954 business lease renewal—termination. Note 1 Diarise a date at least 12–18 months in advance of the contractual expiry date of the current lease. See Practice Note: LTA 1954 business lease renewal—termination. Note 2 Information must be provided within one month of service of notice. A party has a duty to correct any information supplied for six months...
Determining whether a Feudal burden survives the Abolition of Feudal Tenure etc (Scotland) Act 2000—flowchart If a real burden was created before 28 November 2004 it will be necessary to establish if it was a feudal real burden and if so whether it survived abolition of the feudal system by section 73 of the Abolition of Feudal Tenure etc (Scotland) Act 2000 (AFT(S)A 2000). Where a feudal burden has survived abolition of the feudal system, it is necessary to consider how to interpret the real burden in the absence of the feudal superior. See Practice Notes: Real burdens in Scotland—creation and interpretation and Real burdens in Scotland—enforcement and extinction and Flowchart: Examining real burdens—flowchart. Note 1 For details of the sunset rule see Practice Note: Real burdens in Scotland—enforcement and extinction—extinguishing real burdens—discharge, acquiescence, negative prescription and the sunset rule. If
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This Practice Note provides guidance upon the tenancy condition, which must be satisfied in order for a tenant to have security of tenure pursuant to section 79 of the Housing Act 1985 (HA 1985). It also considers the issues which can arise where security of tenure is threatened.Security of tenureA tenant of a dwelling house, let as a separate dwelling, will have security of tenure in accordance with HA 1985, s 79 at any time where the 'landlord condition' and the 'tenant condition' are satisfied.The 'landlord condition' is that the interest of the landlord belongs to one of several prescribed authorities or bodies. In practice, the landlord will generally be a local authority.Security of tenure is often described as 'ambulatory' because HA 1985, s 79 refers to security arising 'at any time' the necessary conditions are satisfied. Therefore, a tenant may or may not have security of tenure at any given time, depending on whether the tenant condition is satisfied.The most important aspect of security of tenure is that a...
Reporting to a lender in an investment real estate finance transaction This Practice Note discusses the key common issues to consider and report to a lender (often referred to as a funder) in an investment real estate finance transaction. It does not deal with solving any title or other issues (see Checklist: Key issues for funder's property lawyers in real estate finance transactions—checklist) but focuses on the key concerns for lenders and when to report issues to the lender. Importance of reporting to a lender The lender will have obtained a substantial amount of information regarding the property and proposed business plan from the borrower as part of the early discussions on the availability of a loan and whether the property and any other relevant assets are suitable security. This information will be provided to the lender before the heads of terms are agreed and is used by the lender as the basis for its calculations on the level of finance available and the borrower's ability to...
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Cross-border protocol for insolvencies or restructurings This Agreement is made [insert day and month] 20 [insert year] Parties 1 [insert name of insolvency representative] in their capacity as [insert capacity eg liquidator or administrator or trustee or custodian or supervisor or curator or examiner]Â of [insert name of company(ies) appointed over] in [insert name of country A] appointed by a decision of the [insert name of court or administrative or governmental or regulatory body appointing them] dated [insert date]; and 2 [insert name of insolvency representative] in their capacity as [insert capacity eg liquidator or administrator or trustee or custodian or supervisor or curator or examiner]Â of [insert name of company(ies) appointed over] in [insert name of country B] appointed by a decision of the [insert name of court or administrative or governmental or regulatory body appointing them] dated [insert date]; together referred to as the Insolvency Representatives; and 3 [insert name of debtor company(ies)] a company incorporated in [insert country] under number [insert registered number] whose ...
Tenancy agreement—common law tenancy granted to residential tenant DATE [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (the Landlord) 2 [name of Tenant] of [address] (the Tenant) 3 [[name of Guarantor] of [address] (the Guarantor)] 1 Definitions In this Agreement the following definitions apply: [Agreement Fee • £[amount];] Communication Service • a telephone (other than a mobile telephone), the internet, cable television or satellite television; Fixtures and Fittings • any fixtures and fittings set out in the Inventory and Schedule of Condition; Furniture and Effects • any furniture, furnishings and effects set out in the Inventory and Schedule of Condition; Inventory and Schedule of Condition • the schedule attached to this Agreement setting out and evidencing the state and condition of the Property and any Fixtures and Fittings and Furniture and Effects at the Property at the start of the Term; Legislation • all legislation having effect...
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If a local authority has undertaken works on a private street, does that street automatically become a highway maintainable at public expense? Alternatively, under section 228 of the Highways Act 1980, could the works be a one-off and the street remains private? Under section 203 of the Highways Act 1980 (HiA 1980), ‘private street’ means a street that is not a highway maintainable at the public expense. Highways constructed by a highway authority are maintainable at the public expense (by the highway authority) from the time when they are opened for use. A highway built after the Highways Act 1835 came into force is only maintainable at public expense if the relevant public authority has at some point adopted the highway for maintenance. The adoption might be at the request of the owner or on behalf of the authority, and is compulsory if confirmed under a private street works code or similar. See Practice Note: Maintenance liability for highways. A person who proposes to dedicate a...
A landlord granted a retail lease to a tenant (X) for a term of ten years, due to expire shortly. The lease is within the Landlord and Tenant Act 1954. Due to rent arrears, X allowed a third party (Y) to occupy the whole premises without the landlord's knowledge or consent, in breach of the lease alienation clause, which does not allow parting with or sharing possession or occupation, or permitting any person to occupy save by way of assignment. No action has been taken by the landlord to forfeit the lease. Has the existing lease been forfeited due to the persisting breach of X, or does the landlord have to take forfeiture action? A persistent breach of a tenant covenant in a lease does not cause the lease to be forfeited. For forfeiture, the landlord must have the intention to forfeit, and demonstrate that with an unequivocal act. That act is usually changing the locks, or otherwise retaking possession, serving a claim for possession, or reletting the premises. In...
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Law360, London: The Serious Fraud Office’s (SFO) recent promise to assist UK Plc with growth has raised eyebrows among former officials who question the optics of adopting political talking points that, on the surface, appear to distract from investigating and prosecuting economic crime.
Law360, London: The government's demand that regulators should prioritise growth is 'largely incompatible' with their duty to deter misconduct, say lawyers who are warning clients not to interpret the political messaging as a green light to engage in risky behavior.
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