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When is Vacant Possession, vacant possession?

Two recent cases have highlighted the need to be (as ever) very careful when exercising a break clause. A break clause may only be exercised if any conditions attached to it have been satisfied. A break clause will often contain a condition that the tenant must give vacant possession. In the cases of (1) Riverside Park Limited –v- NHS Property Services Limited [2016] and (2) Secretary of State for Communities and Local Government –v- South Essex College of Further and Higher Education [2016] the two tenants had left partitions in…

Service charges payable under leases

What is service charge? Essentially service charge is a payment made by the tenant to the landlord for costs that have been incurred in relation to services provided to the property. Charges may include costs associated with general maintenance, repairs, insurance, community central heating, lighting, cleaning of the common areas and gardening/landscaping. As a landlord am I obliged to provide services? This is subject to what the lease provides. Some leases will specify services that the landlord is required to provide. Others will mention which services the landlord may provide…

A landlord’s guide to dealing with Anti-social Behaviour

Having to deal with anti-social behaviour will undoubtedly be one of the most daunting problems that a landlord will have to deal with. The general rule is that a landlord cannot be held liable for a tenant’s action unless they have authorised the anti-social behaviour. The first thing that may cross a landlord’s mind is how do they evict the tenant. Before embarking upon legal proceedings the landlord should consider discussing the matter with their tenant, but should their behaviour not improve seeking a possession order may be the only…

Protecting your assets: extending your lease

Many people who own a leasehold property will – at some point - face having to make a difficult decision about whether or not they should extend their lease. With an aging and growing population and with the continuing trend of developers building blocks of flats, this question can only become more prevalent. The first question that will, naturally, spring to cross one's mind is: how? Followed closely perhaps by: it is worth the time and expense? In an era where most people look for ways to create wealth, extending…

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