A Guide to Landlord and Tenant Law

A Guide to Landlord and Tenant Law provides a strong foundation in commercial landlord and tenant, and housing law. The book is designed to provide a complete course text for both undergraduate and postgraduate students from surveying and real estate management backgrounds. This clear and accessible textbook aims to introduce the reader to the fundamentals of both residential and commercial landlord and tenant law by considering the nature of the tenancy and the relationship between the parties. It examines the main elements of the commercial lease including rent, repair, alienation, termination and statutory renewal. The main types of residential tenancy are also considered including: assured and assured shorthold tenancies, secure and Rent Act tenancies and long leasehold enfranchisement. The book aims to familiarise the reader with the contractual documentation as well as the common law and statutory codes which form the basis of landlord and tenant transactions. It contains useful features such as:

• extracts from the Model Commercial Lease
• key case summaries, a glossary and chapter summaries
• further reading lists

In addition, students on the Legal Practice Course and Bar Professional Training Course will find this to be a useful supplementary resource as will professional surveyors and lawyers looking for a refresher on the latest landlord and tenant law.

Part 1 – Leases, the basic principles

1 Introduction

2 The Lease/ license distinction

3 Formalities for creating a lease

Part 2 – Obligations within the lease and termination

4 Introduction to obligations

5 Implied obligations

6 Express obligations

7 Repair

8 Rent

9 Alienation

10 Termination

Part 3 – Business tenancies

11 Introduction

12 Who is a business tenant?

13 Contracting out, continuation and termination

14 Grounds of opposition

15 Application and grant of a new tenancy

16 Code for leasing business premises

Part 4 – Residential tenancies

17 Introduction

18 Rent Act tenancies

19 Assured and assured shorthold tenancies

20 Secure tenancies

21 Protection from eviction

22 Long leaseholds and enfranchisement

23 Commonhold

Part 5 – Agricultural tenancies

24 Agricultural Holdings

25 Farm Business Tenancies

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