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Landlord & Tenant PDF Print
We offer a comprehensive service on all aspects of Landlord & Tenant work, whether you are the Landlord or the Tenant, whether the property is commercial or domestic and whether freehold or leasehold.

We prepare Leases and Tenancy Agreements or we can advise you on an existing Agreement or Lease. We can arrange representation at Court in relation to possession proceedings, disrepair claims, service charge disputes, forfeiture proceedings based on rent arrears, nuisance, breaches of the tenancy agreement of lease, or any other contractual issue.

Most of this work can be done by correspondence or email, without the need for you to attend our offices, unless you wish to do so.


Frequently Asked Questions - Landlords



Q: Can I ensure that I can obtain possession at the end of the Lease?
A: Yes, provided that the Lease is stated to be "contracted out" of the Landlord and Tenant Act 1954 Part II and the formalities laid down in this respect are adhered to. The tenant will then not be entitled to have a new lease at the end of the term nor will the tenant be entitled to compensation at the end of the lease.
Q: If I think that the tenant has broken the terms of the Lease should I still accept rent from them?
A: If you accept rent in these circumstances you may prejudice your position in any formal proceedings that may be required. You should seek legal advice.

Q: What do I do if the tenant falls into arrears with rent?
A: There are various options available to a Landlord whose Tenant has fallen into arrears with their rent, including issuing possession proceedings, forfeiture of the lease, serving bankruptcy demands (on an individual) or winding up demands (in respect of a company) or levying distress. Levying distress means that a bailiff is instructed to attend at the property to seize the tenant’s goods unless they pay the arrears.


Frequently Asked Questions – Tenants

Q : Will I be liable under the Lease for the whole term?
A: For most leases granted after 1st January 1996 you will be liable for the whole term of the Lease, unless you assign it (sell it to another party). Once assigned, your liability under the lease will end unless the landlord is entitled to require you to enter into an ‘Authorised Guarantee Agreement’ which would make you liable until the lease was assigned again.

Q: Can I limit my liability?
A: You could take the Lease out in the name of a limited liability company, either through any existing business you may have or by setting up a separate company to hold the lease. There would be additional costs and statutory obligations in relation to running the company and the landlord may require a security deposit  or personal guarantee from the Directors.

Q: Who will be responsible for repairs?
A: Repairing obligations will be detailed in the Lease and questions about who is responsible for repairs are often the cause of disputes between landlords and their tenants. Care should be taken to ascertaining who has what repairing responsibilities under the lease and the service charge clause but generally speaking, the longer the Lease the more onerous the responsibilities for repair are on the tenant.  It is common to have a Schedule of Condition of the building at the commencement of the lease, or to have a service charge cap, both of which will provide some protection for the tenant.