Obtaining Copy Leases
Since 13 October 2003 all leases that are granted for more than 7 years "long leases" must be registered at HM Land Registry and so if your enquiry is about a long lease of a flat, a house or commercial building and not a short term tenancy agreement you should be able to obtain a copy of the lease from HM Land Registry for a small fee. HMLR
FAQ
The Leasehold Advisory Service provides is a free and helpful source of information on landlord and tenant matters relating to "long leases" of residential property and has a valuable FAQ section for both landlords and tenants.
The Citizens Advice Bureau also provides useful information on short term tenancies of residential properties CAB.
Pre-Action Protocols
Litigation is a last resort. The Court rules the "CPR" contain protocols which set out the steps that potential claimants and defendants are expected to have already followed to try to settle their disputes before looking to the Court for a decision. Failure to comply with pre-action protocol can result in the Court imposing costs sanctions on either a Claimant or Defendant if the dispute does proceed to Court.
There is a General Protocol that should be followed to try to settle disputes and potential claims between Landlords and Tenants of both residential and commercial property even for debt claims based upon unpaid rent (ie for unpaid and undisputed arrears of rent ). Where a debt is claimed for unpaid rent by a business from an individual Annex B of the General Protocol specifies the information that must be given to the debtor.
Where, however, the dispute relates to the condition of residential property (for example where a landlord has not carried out repairs to a flat or house) there is a specific Protocol For Housing Disrepair Cases that the parties will be expected to have followed before commencing court proceedings.
There is a Pre-Action Protocol for Possession Claims based upon Rent Arrears which applies only to social landlords (such as local authorities, Registered Social Landlords and Housing Action Trusts) and only where possession is sought on the ground of rent arrears. This Protocol does not apply to private Landlords and Tenants of residential property.
Where a landlord and tenant dispute involves a property professional such as a legal adviser (ie solicitor, barrister, legal executive, licensed conveyancer) a valuation surveyor, estate agent, or managing agent there is a specific Protocol for Professional Negligence Claims which may need to be followed in certain circumstances.
The Property Litigation Association "PLA" has also developed 2 pre-action protocols which do not have the status of the protocols within the Civil Procedure Rules but which are often followed by Landlords and Tenants of commercial property for Business Lease Renewals and claims for Dilapidations (ie disputes over the condition of Commercial property).
Refined Search Facility
We have also created a refined search facility in conjunction with Google which is designed to assist you with your Landlord and Tenant queries by directing your search to relevant sources of information on the internet.
To find out more just enter your questions about Landlord and Tenant law in the box below.
Call 01305 866162 to speak to an adviser today or, alternatively, go to the Contact Us page and send your enquiry to us by e-mail.
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