Residential Leases | By Lawyers
Skip to main content

Residential Leases

This publication guides practitioners through negotiating, drafting, registering, and varying residential lease agreements.

3 Matter Plans

Overview

The Residential Leases commentary covers a lease's formal requirements and components, tenant and landlord rights and obligations, change of parties, lender consent, tax implications, completion, registration, disputes, and breaches.

The Short Residential Tenancy commentary covers types of tenancies, tenant and landlord rights and obligations, creating, managing, and ending short-term tenancies.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • a Library of tribunal applications;
  • a Library of notices;
  • short-term tenancy agreements;
  • long-term residential leases – standard and extensive;
  • an Agreement to Lease;
  • an Inventory and Inspection Report;
  • a Deed of Surrender and Regrant of Lease.
Icon

3 Matter Plans Included

  • Item icon ALERT - 1. From 3 March 2025, the non-residential limit on right to manage claims rises to 50%. 2. From 1 April 2025, the stamp duty land tax threshold changes to £125,000.
    1. From 3 March 2025, the non-residential limit on right to manage claims rises to 50%. 2. From 1 April 2025, the stamp duty land tax threshold changes to £125,000.

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Item icon Full Commentary - Residential Leases - Acting for the Landlord
  • Folder icon Reference materials
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
    • Item icon Article: The Leasehold and Freehold Reform Act 2024
    • Item icon Article: All aboard the leasehold express to commonhold
    • Item icon Article: Are we really ready to be possessed?
    • Item icon Article: Temporary rent concessions for commercial leases - Side letter or deed of variation
    • Item icon Further information
  • Item icon Overview
    This guide deals with the grant of long-term residential leases, being those for a term of 21 years or more, often granted for as long as 999 years. Applicable legislation includes:

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Item icon Summary of the process
    The usual steps in acting on the grant of a residential long lease include:

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Residential leases
    • Item icon To do list - Residential leases
    • Item icon First steps
    • Item icon Retainer instructions - Residential leases
    • Folder icon Compliance documents
      • Item icon Client Due Diligence and Anti-money Laundering Guidance
      • Item icon Client Details, Identity Verification and Source of Funds
      • Item icon Conflict of interest check
      • Item icon Client and matter risk assessment
      • Folder icon If required - Reporting an issue
        • Item icon Anti-money laundering internal disclosure
    • Item icon Acting for the landlord
      To grant a new lease, a landlord’s practitioner will conduct many of the same actions required by the practitioner of a seller of land. The practitioner will take instructions on the matter, draft the lease, and make disclosures of any incumbrances affecting the title.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Initial letter to client landlord enclosing Client Care and Terms of Business
    • Folder icon Enclosures for initial letter to client
      • Item icon Client care information
      • Item icon Terms of business
      • Item icon Scope of work - Residential leases - Acting for the landlord
      • Item icon A summary of the standard process of granting a long residential lease
    • Item icon HM Land Registry client identification safe harbour standard
      The safe harbour standard, when followed, constitutes what is regarded by HM Land Registry as a discharge of the duty to verify the identity of a party to a registrable transaction. Schedule 8 of the Land Registration Act 2002 provides that compensation is payable if there is a mistake on the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Initial letter to estate agent
    • Item icon Initial letter to tenant’s solicitor
    • Item icon Time and costs estimates
    • Folder icon If required - Letter to client varying the Client Care and Terms of Business
      • Item icon Letter to client varying the Client Care and Terms of Business
    • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
      • Item icon Deeds and agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of assignment of agreement with consent
        • Item icon Deed of assignment of an insurance policy
        • Item icon Deed of assignment of equitable interest in residential land
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Deed of release and grant
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Boundary agreement
        • Item icon Confidentiality agreement
        • Item icon Construction agreement
        • Item icon Heads of agreement
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Statements and declarations
        • Item icon Statement of truth
        • Item icon Statement of truth - High Court
        • Item icon Statutory declaration
        • Item icon Statutory declaration of solvency
        • Item icon Affidavit - General
        • Item icon Exhibit sheet for affidavits - General
        • Item icon Witness statement - Family matters
        • Item icon Exhibit sheet to witness statement - Family matters
        • Item icon Witness statement - Civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
        • Item icon Execution clauses - Overseas companies
      • Folder icon Consents
        • Folder icon If required - Personal data consent - General
          • Item icon Letter to client enclosing consent - General
          • Item icon Letter to third party enclosing consent - General
          • Item icon General letter enclosing client consent
          • Item icon General letter enclosing third party consent
          • Item icon Consent to provide information - General
          • Item icon Consent to provide information - General - Third party
        • Folder icon If required - Personal data consent - Health professional
          • Item icon Letter to client enclosing consent - Health professional
          • Item icon Letter to third party enclosing consent - Health professional
          • Item icon Letter to doctor enclosing client consent
          • Item icon Letter to doctor enclosing third party consent
          • Item icon Consent to provide information - Health professional
          • Item icon Consent to provide information - Health professional - Third party
        • Folder icon Change of name
          • Item icon Change of name deed for an adult - Concise
          • Item icon Change of name deed for a minor - Concise
          • Folder icon If required - Enrolment by an adult
            • Item icon Change of name deed for an adult - For enrolment
            • Item icon Statutory declaration - Enrolment of adult change of name deed
            • Item icon Notice for the London Gazette on the change of name of an adult
            • Item icon Consent to enrolment of change of name of an adult
          • Folder icon If required - Enrolment by a minor
            • Item icon Change of name deed for a minor - For enrolment
            • Item icon Statutory declaration - Enrolment of minor change of name deed
            • Item icon Affidavit of best interest for the change of name of a minor
            • Item icon Consent to enrolment of change of name of a minor
  • Folder icon B. If required - Agreement to lease
    • Item icon Agreement for the grant of a new lease
      The agreement for the grant of a new lease will outline the agreed terms and the proposed commencement date of the lease. Generally, the matter will run as follows:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to tenant’s solicitor enclosing agreement to lease
    • Item icon Agreement to lease - Residential
  • Folder icon C. The lease
    • Item icon The components of a lease
      Formality

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Formality
      Validity Practitioners may find leasehold interests a complex area of law.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Types of title
      Freehold title The registered proprietor owns the land and buildings in perpetuity and is free to sell or otherwise deal with the property.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Types of leases
      Short-term leases are those with a term of less than 21 years and are generally used for commercial premises. Long-term leases are those with a term exceeding 21 years, usually for 99 or up to 999 years, and are generally used for residential properties.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon New leases
      The grant of a new long-term lease is usually started by the parties entering an agreement for lease. This is often the case as the building is yet to be constructed or the parties are not ready to proceed with the grant of the actual lease. Those matters not requiring an agreement will proceed ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Existing leases
      Many long-term residential leases have years left to run, and their value diminishes as the term nears its end. Lenders generally require an unexpired lease term of 60 years to offer a lending facility, and practitioners will encounter lease extension transactions.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Prescribed clauses for registrable leases
      Leases for a term of 7 years or more are required to be registered under s 27(2)(b) of the Land Registration Act 2002 and are to contain specific prescribed clauses. The prescribed clauses are first in the lease, immediately after the cover and contents page.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Long-term residential leases
      A long-term residential lease is for a term over 21 years from the original grant date. On the grant of a new lease, the parties will enter an agreement for a lease, and on completion of the transaction, the lease will be granted and registered. The process is much the same as acting for a ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Long-term residential lease - Standard
    • Item icon Long-term residential lease - Extensive
    • Item icon Short-term residential tenancy
      A short-term residential tenancy is a lease for a period less than 21 years from the original grant date. For more information, see the Short Residential Tenancy guide.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Short-term tenancy
      • Item icon Tenancy agreement
      • Item icon Tenancy agreement 1 assured shorthold tenancy agreement (furnished)
      • Item icon Tenancy agreement 2 assured shorthold tenancy agreement (unfurnished)
    • Item icon Letter to client enclosing draft lease
    • Item icon Letter to tenant’s solicitor enclosing draft lease
    • Item icon Letter to client sending lease for signing
    • Item icon Letter to tenant’s solicitor enclosing signed lease
    • Item icon Letter to client enclosing signed lease
  • Folder icon D. If required - Sublease and sale
    • Item icon Change of ownership of the reversionary interest
      A landlord can enter into a lease with a tenant, passing possession of the property to them for the duration of the lease. However, the landlord maintains ownership of the property as the reversionary interest. The reversionary interest can be transferred to another person who will then be the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Change of ownership of leasehold – Sublease and sale
      There are 2 ways that the tenant can change:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to tenant's solicitor confirming consent to sublease
    • Folder icon Library of Land Registry and HMRC forms
      • Folder icon Land Registry
        • Folder icon Title Restrictions Clauses
          • Item icon Beneficial interest that is a right or claim in relation to a registered estate
          • Item icon Restriction on dispositions by sole proprietor
          • Item icon Freezing order on the registered estate
          • Item icon Dispositions by trustees of the legal estate - certificates required
          • Item icon Freezing order on charge
          • Item icon Dispositions by personal representatives - certificate required
          • Item icon Application for freezing order on the registered estate
          • Item icon Parsonage, diocesan glebe, church or churchyard land
          • Item icon Application for freezing order on charge
          • Item icon Non-exempt charity - certificate required
          • Item icon Restraint order or interim receiving order on the registered estate
          • Item icon Land vested in official custodian on trust for non-exempt charity - authority required
          • Item icon Restraint order or interim receiving order on charge
          • Item icon Tenant for life as registered proprietor of settled land, where there are trustees of the settlement
          • Item icon Application for restraint order or interim receiving order on the registered estate
          • Item icon Statutory owners as trustees of the settlement and registered proprietors of settled land
          • Item icon Application for restraint order or interim receiving order on charge
          • Item icon Tenant for life as registered proprietor of settled land - no trustees of the settlement
          • Item icon Trustee in bankruptcy and beneficial interest - certificate required
          • Item icon Charging order affecting beneficial interest - certificate required
          • Item icon Disposition by registered proprietor of a registered estate or proprietor of charge - certificate required
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - certificate of registered proprietor of specified title
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - consent required
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - consent of registered proprietor of specified title num
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - consent of proprietor of specified charge required
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - consent of personal representative required
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - evidence of compliance with club rules required
          • Item icon Trustee appointed in place of a person who lacks capacity – jointly owned property
          • Item icon Disposition by proprietor of charge - certificate of compliance required
          • Item icon Disposition by proprietor of charge - consent required
          • Item icon Section 37 of the Housing Act 1985
          • Item icon Section 157 of the Housing Act 1985
          • Item icon Paragraph 4 of Schedule 9A to the Housing Act 1985
          • Item icon Section 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989
          • Item icon Section 13 of the Housing Act 1996
          • Item icon Lease of property in Wales by registered social landlord
          • Item icon Statutory charge of beneficial interest in favour of the Lord Chancellor
          • Item icon Interest in beneficial joint tenancy subject to charge under section 22(1) of the Health and Social Services and Social Security Adjudications Act 1983 or section 71 of the Social Services and Well-being (Wales) Act 2014
          • Item icon Restriction as to evidence of execution
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge – consent or certificate required
          • Item icon Disposition by proprietor of charge – consent or certificate required
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge – certificate of landlord or of a conveyancer, required
          • Item icon Land included in a list of assets of community value maintained under section 87(1) of the Localism Act 2011
          • Item icon Deputy appointed under section 16 of the Mental Capacity Act 2005 – solely owned property
        • Item icon Land Registry - Execution of Deeds
        • Item icon Application for registration in farmer's name
        • Item icon Application for registration in name of an Agricultural Society
        • Item icon Application for cancellation of an entry in the register on proof of discharge
        • Item icon Application for a certificate that a registration has been cancelled
        • Item icon Application for a certified copy of the memorandum filed in the Register of Agricultural Charges under the Act
        • Item icon Application for an official search
        • Item icon Application for the rectification of an entry in the register
        • Item icon Application for approval of a standard form of charge deed and allocation of official HM Land Registry reference
        • Item icon Application for approval of a deed of variation/priority/postponement of a charge
        • Item icon Application for Application Management Service
        • Item icon Application to enter an agreed notice
        • Item icon Application to change the register
        • Item icon Assent of whole of registered title(s) by personal representative(s)
        • Item icon Assent of charge by personal representative(s)
        • Item icon Assent of part of registered title(s) by personal representative(s)
        • Item icon Application for registration of a person in adverse possession under Schedule 6 to the Land Registration Act 2002
        • Item icon Application to be registered as a person to be notified of an application for adverse possession
        • Item icon Entry of a note of consolidation of charges
        • Item icon Application to cancel a caution against dealings
        • Item icon Application to cancel a caution against first registration
        • Item icon Legal charge of a registered estate
        • Item icon Application to enter an obligation to make further advances
        • Item icon Application to note agreed maximum amount of security
        • Item icon Application in connection with investigation or enforcement proceedings (court, insolvency, tax)
        • Item icon Application for the freehold estate to cease to be registered as a freehold estate in commonhold land during the transitional period
        • Item icon Application for the registration of an amended commonhold community statement and/or altered articles of association
        • Item icon Application to add land to a commonhold registration
        • Item icon Application for the termination of a commonhold registration
        • Item icon Application to cancel a notice (other than a unilateral notice)
        • Item icon Change of name (transgender and non-binary)
        • Item icon Application to register a freehold estate in commonhold land
        • Item icon Application for the registration of a successor commonhold association
        • Item icon Notification of change of extent of a commonhold unit over which there is a registered charge
        • Item icon Updating registered owners' contact address
        • Item icon Consent to the registration of land as commonhold land
        • Item icon Consent to an application for the freehold estate to cease to be registered as a freehold estate in commonhold land during the transitional period
        • Item icon Application for registration with unit-holders
        • Item icon Continuation sheet for use with application and disposition forms
        • Item icon Caution against first registration
        • Item icon Application to determine the exact line of a boundary
        • Item icon Disclosable overriding interests
        • Item icon Application to remove from the register the name of a deceased joint proprietor
        • Item icon List of documents
        • Item icon Cancellation of entries relating to a registered charge
        • Item icon Application to cancel entries relating to a registered charge
        • Item icon Application to cancel entries relating to a registered charge (or which an END has been sent)
        • Item icon Release of part of the land from a registered charge
        • Item icon Application for the registrar to designate a document as an exempt information document
        • Item icon Reasons for exemption in support of an application to designate a document as an exempt information document
        • Item icon Application for official copy of an exempt information document
        • Item icon Application to remove the designation of a document as an exempt information document
        • Item icon Application for first registration
        • Item icon Application for copies of historical edition(s) of the register/title plan held in electronic form
        • Item icon Application for registration of a notice of home rights
        • Item icon Application for renewal of registration in respect of home rights
        • Item icon Application by mortgagee for official search in respect of home rights
        • Item icon Cancellation of a home rights notice
        • Item icon Certificate of identity for a private individual
        • Item icon Certificate of identity for a body corporate
        • Item icon Certificate of identity for a private individual (non-conveyancer)
        • Item icon Certificate to be given by a conveyancer where a person's identity has been verified by way of an online video call
        • Item icon Trust information
        • Item icon Notice to the registrar in respect of an adverse possession application
        • Item icon Application for official copies of register/plan or certificate in form C1
        • Item icon Application for official copies of documents only
        • Item icon Application by purchaser for official search with priority of the whole of the land in a registered title or a pending first registration application
        • Item icon Application by purchaser for official search with priority of part of the land in a registered title or a pending first registration application
        • Item icon Application for official search without priority of the land in a registered title
        • Item icon Application for a personal inspection under section 66 of the Land Registration Act 2002
        • Item icon Application for a search in the index of proprietors' names
        • Item icon Request for the production of documents
        • Item icon IOPN search - evidence of identity
        • Item icon Application for Pre-submission Enquiry Service
        • Item icon Request for a restriction by owner(s) not living at the property
        • Item icon Request for a restriction by a company
        • Item icon Application to enter a restriction
        • Item icon Application for an order that a restriction be disapplied or modified
        • Item icon Application to cancel a restriction
        • Item icon Application to withdraw a restriction
        • Item icon Restriction - consent or certificate
        • Item icon Application for noting the overriding priority of a statutory charge
        • Item icon Application for an official search of the index of relating franchises and manors
        • Item icon Application for an official search of the index map
        • Item icon Application to enter Form A restriction on severance of joint tenancy by agreement or notice
        • Item icon Notice of surrender of development right(s)
        • Item icon Statement of truth in support of an application for registration based upon adverse possession
        • Item icon Statement of truth in support of an application based upon adverse possession of a rentcharge
        • Item icon Statement of truth in support of an application for registration of land based upon lost or destroyed title deeds
        • Item icon Statement of truth in support of an application for registration and/or noting of a prescriptive easement
        • Item icon Transfer of part of registered title(s)
        • Item icon Transfer of part of registered title(s) under Power of sale
        • Item icon Statement of truth in support of an application to cancel a Form A restriction
        • Item icon Transfer of whole of registered title(s)
        • Item icon Transfer of whole of registered title(s) under Power of sale
        • Item icon Transfer of a charge or portfolio of charges
        • Item icon Transfer of portfolio of titles (whole or part)
        • Item icon Application to enter a unilateral notice
        • Item icon Application to remove a unilateral notice
        • Item icon Application to be registered as beneficiary of an existing unilateral notice
        • Item icon Application for the cancellation of a unilateral notice by a person who is (or is entitled to be) the registered proprietor
        • Item icon Application for upgrading of title
        • Item icon Application to withdraw a caution
        • Item icon Leases prescribed clauses (table format)
        • Item icon Leases prescribed clauses (text format)
      • Folder icon HMRC
        • Item icon Trust and estate tax return (SA900(2024))
        • Item icon Claim for relief - loss on sale of land
        • Item icon UK property (SA105(2020))
        • Item icon IHT 35 (continuation sheet) - claim for relief
        • Item icon Trust and estate tax return (SA900(2020))
        • Item icon Confirmation C1 and C2 Combined (2021)
        • Item icon Tax return (SA100(2019))
        • Item icon Confirmation C1 and C2 Combined (2022)
        • Item icon Northern Ireland Legislative Assembly
        • Item icon Authorising your agent
        • Item icon Post-transaction valuation checks for capital gains
        • Item icon Confirmation
        • Item icon Inventory continued
        • Item icon Continuation page for form (C4)
        • Item icon Corrective inventory and account
        • Item icon Continuation page for form (C4(S))
        • Item icon Return of estate information (C5)
        • Item icon Return of estate information (C5(OUK))
        • Item icon Information about small estates
        • Item icon Computation working sheet (for straightforward calculations)
        • Item icon Domicile outside the UK
        • Item icon Stocks and shares
        • Item icon Debts due to the settlement or trust
        • Item icon Life insurance and annuities
        • Item icon Household and personal goods (D35)
        • Item icon Land, buildings and interests in land
        • Item icon Agricultural relief (D37)
        • Item icon Business relief, business or partnership interests
        • Item icon Foreign assets (D39)
        • Item icon Tax return (SA100(2024))
        • Item icon Continuation sheet for additional information
        • Item icon Checklist
        • Item icon Instrument of variation checklist
        • Item icon Dispensation for expenses payments and benefits in kind
        • Item icon Trust and estate tax return (SA900(2021))
        • Item icon Claim for repayment of tax deducted from savings and investments
        • Item icon Lloyd’s underwriters income from membership of lloyds
        • Item icon Additional information
        • Item icon Employment
        • Item icon Ministers of religion
        • Item icon Parliament
        • Item icon Self-employment (full)
        • Item icon Lloyd's underwriters
        • Item icon Self-employment (short)
        • Item icon Partnership (full)
        • Item icon Partnership (short)
        • Item icon Foreign
        • Item icon Trusts etc
        • Item icon Capital gains tax summary
        • Item icon Residence, remittance basis etc
        • Item icon Tax calculation summary
        • Item icon Self assessment: appeal against penalties for late filing and late payment
        • Item icon Self assessment: partnership tax return - appeal against late filing penalties
        • Item icon Tax return for a non-resident company or other entity liable to income tax
        • Item icon Partnership tax return 2023
        • Item icon Partnership trading and professional income
        • Item icon Partnership statement (full)
        • Item icon Partnership UK property
        • Item icon Partnership foreign
        • Item icon Partnership disposal of chargeable assets
        • Item icon Partnership savings, investments and other income
        • Item icon Trust and estate trade
        • Item icon Trust and estate partnership
        • Item icon Trust and estate UK property
        • Item icon Trust and estate foreign
        • Item icon Trust and estate capital gains
        • Item icon Trust and estate non-residence
        • Item icon Trust and estate charities
        • Item icon Estate pension charges etc
        • Item icon Tax return for trustees of registered pension schemes
        • Item icon Trust and estate tax return (SA900(2019))
        • Item icon UK property (SA105(2021))
        • Item icon Claim for relief - loss on sale of shares
        • Item icon UK property (SA105(2022))
        • Item icon Trust and estate tax return (SA900(2022))
        • Item icon Corrective inventory and account (2022)
        • Item icon Corrective account
        • Item icon Tax return (SA100(2023))
        • Item icon UK property (SA105(2023))
        • Item icon Tax return (SA100(2021))
        • Item icon Confirmation inventory (2022)
        • Item icon Notice of appeal against a penalty - stamp duty land tax
        • Item icon Trust and estate tax return (SA900(2023))
        • Item icon Tax return (SA100(2022))
        • Item icon Tax return (SA100(2020))
        • Item icon UK property (SA105(2019))
  • Folder icon E. If required - Enfranchisement - Buying the freehold
    • Item icon Enfranchisement
      Houses Enfranchisement is the process by which the leaseholder compulsorily acquires the freehold of a property.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon House
      • Item icon Letter to tenant’s solicitor with landlord’s notice - Enfranchisement
      • Item icon Notice in reply to tenant’s claim
      • Item icon Application to enter an agreed notice
    • Folder icon Flats - Collective enfranchisement
      • Item icon Letter to tenant’s solicitor with landlord’s notice - Enfranchisement
      • Item icon Landlord's counter notice - Section 21 LRHUD 1993
      • Item icon Application to enter an agreed notice
    • Folder icon Vesting order
      • Item icon Claim form (CPR Part 8)
  • Folder icon F. If required - Extension, variation, surrender and regrant
    • Item icon Extending a lease
      Houses A long-term residential lease for a house can be extended under the Leasehold Reform Act 1967. The procedure is rarely used as most qualifying tenants wish to acquire the freehold because the right to extend the lease term can only be exercised once.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Extension
      • Folder icon Houses
        • Item icon Letter to tenant’s solicitor enclosing landlord notice - Extension
        • Item icon Notice in reply to tenant’s claim
        • Item icon Application to enter an agreed notice
      • Folder icon Flats
        • Item icon Letter to tenant’s solicitor enclosing landlord notice - Extension
        • Item icon Landlord’s counter notice Section 45
        • Item icon Landlord’s counter notice (Section 45(b))
        • Item icon Application to enter an agreed notice
    • Item icon Lease variation
      When a dispute occurs between a landlord and a tenant, negotiations can open up, especially where, for example, the landlord does not want to have an empty property on their hands. The parties can agree to vary the terms on which their landlord and tenant relationship continues, whether by varying ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Variation
      • Item icon Letter to client enclosing deed of variation for signing
      • Item icon Deed of variation - Lease
      • Item icon Letter to other side’s solicitor enclosing signed deed of variation
      • Item icon Application to change the register
    • Folder icon Surrender
      • Item icon Letter to client enclosing surrender of lease for signing
      • Item icon Deed of surrender of lease
      • Item icon Letter to other side’s solicitor enclosing signed deed of surrender
      • Item icon Application to change the register
    • Folder icon Regrant
      • Item icon Deed of surrender and regrant of lease
  • Folder icon G. If required - Library of notices
    • Item icon Notice to long leaseholders of rent due – Legislation.gov.uk
    • Item icon Service charges – Form and content of summary of rights and obligations (English)
    • Item icon Service charges – Form and content of summary of rights and obligations (Welsh)
  • Folder icon H. Flats management
    • Item icon Flat management
      A tenant who purchases a leasehold flat will be subject to the management scheme of the building. The landlord or its managing agents will carry out the building’s repair and maintenance. They will usually be responsible for collecting rent, paying insurance, and managing services. However, ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Management companies
      The landlord can transfer the reversion to a management company that takes the landlord’s responsibilities. Each tenant must be a member of the company and own a share. If a tenant chooses to transfer the leasehold title, the share in the management company will also be transferred. This gives the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Right to manage companies
      Under the Commonhold and Leasehold Reform Act 2002, qualifying tenants can implement their own management scheme and take over the responsibilities from the landlord's implemented management scheme: s 71. This is achieved by incorporating a right to manage (RTM) company. This gives tenants the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010
  • Folder icon I. If required - Disputes, interference and breach
    • Item icon Dispute resolution
      Attempts to resolve disputes during the lease term can first be made between the landlord and tenant under the lease. If a resolution cannot be reached, a landlord or tenant can apply to the First-tier Tribunal (Property Chamber). Among other disputes, the tribunal is empowered to deal with the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Damaged premises
      The lease will require the landlord to have an insurance policy to cover damage to the premises and to claim on the policy for damage. The tenant will be required to contribute to the annual insurance premium.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Breach of lease
      The consequences of a breach depend on the terms of the agreement between the parties. The lease can have detailed and specific clauses relating to the breach and its consequences. Generally, a breach that is not remedied will entitle the other party to bring the lease to an end by termination. ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to client with application for signing
    • Item icon Letter to tribunal filing application
    • Item icon Letter to other side with copy of application
    • Folder icon Library of tribunal applications
      • Item icon Apply for the appointment of a manager, or to vary or discharge an order appointing a manager
      • Item icon Apply for a determination of liability to pay an administration charge or for a variation of a fixed administration charge
      • Item icon Apply for an order that a breach of a lease has occurred
      • Item icon Leasehold enfranchisement and leasehold extension – Apply for a reasonable costs order
      • Item icon Variation of a lease or leases
      • Item icon Tenancy form 2: application referring a notice proposing different terms for a statutory periodic tenancy to the Tribunal – GOV.UK
      • Item icon Tenancy form 6: application referring a notice proposing a new rent under an assured periodic tenancy or agricultural occupancy to a Tribunal – GOV.UK
      • Item icon Tenancy form 7: application to the Tribunal for a determination of a rent under an assured shorthold tenancy – GOV.UK
      • Item icon Application for a determination of liability to pay and reasonableness of service charges – GOV.UK
  • Folder icon J. Finalising the matter
    • Item icon Completion
      For the sale and purchase of leasehold, completion occurs in the same way as in the sale and purchase of freehold matters. See the Sale of Land and Purchase of Land guides. For new leases:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Costs and taxes
      Costs generally Traditionally, the landlord’s costs have been payable by the tenant, which will be sought by the landlord’s practitioner.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Stamp Duty Land Tax calculator (ENG)
    • Item icon Land Transaction Tax calculator (WALES)
    • Item icon Consent of lender to lease
      Unless the proposed tenant ensures that the lender of the freehold consents to the lease, the tenant will be liable to lose possession of the property if the landlord defaults on the mortgage and the lender wants to take possession. The prior-in-time interest of the lender will defeat the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Registration
      Leases for a term that exceeds 7 years must be registered to protect the tenant’s interest. The registered copy of the lease is the title of the tenant to their estate and interest in the land. Under s 27 of the Land Registration Act 2002, the lease does not pass a registered estate until ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Restriction - consent or certificate
    • Item icon Original lease
      Leases are traditionally prepared in duplicate so that both landlord and tenant will have an original for their records. If executed in counterparts, the tenant will hold the lease executed by the landlord. The landlord will hold the counterpart executed by the tenant.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to client finalising matter
    • Item icon Example invoice
    • Item icon Invoice recital - Residential leases - Acting for the landlord
    • Item icon Enclosure - Explaining the bill
    • Item icon Closing the file
    • Item icon File closing checklist
    • Item icon File review form - General
  • Item icon Comments and suggestions for By Lawyers

Our Authors

More than 50 legal professionals have contributed to By Lawyers' publications, all helping to ensure content is updated regularly to reflect changes in legislation, practice and procedure.
Meet Our Authors
Authors