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Posts Tagged: Landlord and Tenant

Landlords; are you Convinced your Tenant’s Left your Property and are Thinking of Changing the Locks? Think Again

Posted by on June 6th 2018 in Blog Posts, Litigation

Landlords; are you Convinced your Tenant’s Left your Property and are Thinking of Changing the Locks? Think Again

The case of Smith v Khan [2018] is a stark reminder to Landlords of the Protection from Eviction Act 1977.

The Landlord (K) in this case, granted an Assured Shorthold Tenancy to the Tenant (T) for a fixed term of 12 months commencing in June 2014. In March 2015, T, without telling anyone, travelled to Scotland to seek work leaving his wife (S) in occupation of the property. As K was concerned about the rent arrears, he gave S a letter purporting to give T notice to quit, on 1 April 2015.

S obtained advice that the notice was invalid, that she...

Solar Panels - One Legal Pitfall!

Posted by on June 30th 2017 in Blog Posts, Commercial Property

Solar Panels - One Legal Pitfall!

The Landlord and Tenant Act 1954 (“the 54 Act”) confers security of tenure on business leases.  Security of tenure - the right of a tenant to continue to occupy premises after the lease has expired and to renew the lease, is an obvious benefit for a tenant. In the context of roof space leases, the question is posed whether such a grant could confer security under the 54 Act?

In order to benefit from the provisions of the 54 Act, a lease for solar panels must be a “business lease”. The 54 Act defines a lease as a business lease if...

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