A Guide to Landlord and Tenant Law

Emily Walsh is a Senior Lecturer at the Faculty of Business and Law, University of Portsmouth, UK.

Part 1
Chapter 1: Introduction1.1 Introduction
1.2 The historical context
1.3 The relationship between landlord and tenant
1.4 Introduction to human rights
1.5 Different types of leases

Chapter 2: Leases and licences2.1 Introduction
2.2 Essential elements of a lease
2.3 Exclusive possession
2.4 Sham provisions
2.5 Multiple occupiers
2.6 Certainty of term
2.7 Rent
2.8 The importance of the lease/licence distinction in commercial tenancies
2.9 Conclusion

Chapter 3: Formalities3.1 Introduction
3.2 Agreements for lease
3.3 Consequences of an equitable tenancy

Part 2
Chapter 4: Structure of the lease and introduction to obligations4.1 Structure of the lease
4.2 Contents of the lease
4.3 Obligations in the lease
4.4 Remedies

Chapter 5: Implied obligations5.1 Introduction to implied obligations
5.2 The covenant for quiet enjoyment
5.3 The rule against derogation from grant
5.4 Derogation from grant versus quiet enjoyment
5.5 Introduction to implied repairing obligations
5.6 Tenant’s implied obligations
5.7 Right to rent

Chapter 6: Express obligations6.1 Introduction
6.2 Interpretation of covenants
6.3 Express obligations in commercial leases
6.4 Express and implied provisions in residential leases
6.5 Use provisions
6.6 Insurance provisions
6.7 Alterations and improvements
6.8 Service charge
6.9 Options to renew/purchase

Chapter 7: Repair and maintenance7.1 Introduction
7.2 What is repair?
7.3 Implied obligations at common law
7.4 Common law obligations
7.5 Statutory liability from outside landlord and tenant law
7.6 Housing standards
7.7 Remedies
7.8 Reform

Chapter 8: Rent8.1 The requirement for rent in leases
8.2 Time and manner of payment
8.3 Cesser of rent
8.4 Set-off
8.5 Other sums ‘reserved as rent’
8.6 Setting a rent
8.7 Tenant holding over
8.8 Remedies for non-payment of rent
8.9 Rent variation
8.10 Guarantees
8.11 Rent deposits

Chapter 9: Assignment and subletting9.1 Introduction
9.2 Covenants restricting the right to assign and sublet
9.3 Public sector tenancies
9.4 Remedies for breach of covenant not to assign or sublet
9.5 Enforceability of covenants on assignment

Chapter 10: Termination10.1 Introduction
10.2 Repudiation
10.3 Frustration
10.4 Forfeiture
10.5 Surrender
10.6 Merger
10.7 Break Clauses
10.8 Insolvency
10.9 Termination of periodic tenancies
10.10 Termination where there is no ‘right to rent’

Chapter 11: Green leases11.1 Introduction
11.2 Drivers for green lease provisions
11.3 Split incentives
11.4 Legislative drivers
11.5 Green lease provisions

Part 3
Chapter 12: Introduction to business tenancies12.1 Introduction
12.2 Who is a business tenant?
12.3 Compensation for improvements under the LTA 1927

Chapter 13: Contracting out, continuation and termination13.1 Introduction
13.2 Contracting Out
13.3 Continuation tenancies
13.4 Termination

Chapter 14: Grounds of opposition to grant of a new business lease14.1 Introduction
14.2 Disrepair
14.3 Persistent delay in paying rent
14.4 Substantial breaches of the lease or some other reason
14.5 Suitable alternative accommodation
14.6 Uneconomic subletting
14.7 Demolition and reconstruction
14.8 Occupation by the landlord
14.9 Compensation
14.10 Near miss orders

Chapter 15: The Code for Leasing Business Premises and the Model Commercial Lease15.1 The Code for Leasing Business Premises 2007
15.2 The main provisions of the Code
15.3 The extent of the influence of the Code
15.4 Commercial Landlords Accreditation Scheme
15.5 Standard-form leases – a short introduction
15.6 The Model Commercial Lease
15.7 Format of the MCL
15.8 Uptake of the MCL

Part 4
Chapter 16: Introduction to residential tenancies16.1 Introduction
16.2 Statutory codes for tenants other than under a ‘long lease at a low rent’
16.3 Long leases at low rents
16.4 Residential tenancies in Wales
16.5 The Immigration Act and the ‘right to rent’

Chapter 17: Rent Act tenancies17.1 Introduction
17.2 Protected tenancies under the Rent Act 1977
17.3 Tenancies excluded from protection
17.4 Rent regulation
17.5 Statutory tenancies
17.6 Recovery of possession
17.7 Restricted contracts

Chapter 18: Assured and assured shorthold tenancies18.1 Introduction
18.2 What is an assured tenancy?
18.3 Statutory exclusions
18.4 Terms of an assured tenancy
18.5 Security of tenure
18.6 Demotion of an assured tenancy
18.7 Assured shorthold tenancies
18.8 Recovery of possession by the landlord

Chapter 19: Secure tenancies19.1 Introduction
19.2 LHAs, HATs, PRPs and RSLs
19.3 Secure tenancies
19.4 Statutory exclusions
19.5 Terms of the secure tenancy
19.6 Security of tenure
19.7 Demotion of a secure tenancy
19.8 Succession
19.9 Possession
19.10 Right to buy
19.11 Right to acquire for tenants of RSLs and PRPs
19.12 Disposals under the right to buy and the right to acquire

Chapter 20: Protection from eviction andharassment20.1 Introduction
20.2 Contractual protection
20.3 Claims in tort
20.4 Civil remedies
20.5 Criminal sanctions

Chapter 21: Long residential leases21.1 Introduction
21.2 Management and service charge provisions under long leases
21.3 Managing agents
21.4 The right to manage (CLRA Ch. 1 of Pt. 2)

Chapter 22: Long leases and enfranchisement22.1 Introduction
22.2 Enfranchisement and human rights
22.3 Security of tenure
22.4 Individual enfranchisement for tenants of houses: the Leasehold Reform Act 1967
22.5 Collective enfranchisement for tenants of flats: the Leasehold Reform, Housing and Urban Development Act 1993
22.6 New long leases
22.7 Right of first refusal under the Landlord and Tenant Act 1987, Part 1

Chapter 23: Commonhold

23.1 Introduction
23.2 Nature of commonhold
23.3 Land which cannot be commonhold
23.4 Registration of commonhold