Tenure Definition

GLOSSARY

What does Tenure mean?

All estates in land are held by virtue of either freehold tenure or leasehold tenure.

From the time when William the Conqueror declared all England to be his by conquest, theoretically only the Crown can own land. People who appear to own land actually own either (a) freehold estates in that land (which for almost all practical purposes amount to ownership of the land but which, technically, involve holding land from the Crown), in which case, theoretically, they hold the land from the Crown; or (b) leasehold estates (in which case they hold their estates by agreement with their lessors).

View the related checklists about Tenure

Comparison between assured and short assured tenancies and PRTs—Scotland—checklist

Comparison between assured and short assured tenancies and PRTs—Scotland—checklist This Checklist considers and compares the differences between assured and short assured tenancies in Scotland created between 2 January 1989 until 30 November 2017 pursuant to the Housing (Scotland) Act 1988 (H(S)A 1988) (the ‘1988 Regime’), and private residential tenancies (PRTs) pursuant to the Private Housing (Tenancies) (Scotland) Act 2016 (PH(T)(S)A 2016) in force in Scotland from 1 December 2017 (the ‘2016 Regime’), see Practice Notes: Assured and short assured tenancies—Scotland and Private residential tenancies-Scotland. Subject 1988 Regime 2016 Regime Term Requires a fixed duration in order to satisfy the cardinal elements of a lease.A short assured tenancy requires a term of not less than six months. There is no term. The agreement is open ended. Tenancy Agreement The landlord is required to provide the tenant with a written agreement (see: H(S)A 1988, s 30) together with a Tenant Information Pack (see: Tenant Information Packs (Assured Tenancies) (Scotland) Amendment Order 2016, SSI 2016/334).There are no statutory terms of tenancy. The...

Issues to consider when selling agricultural land—checklist

Issues to consider when selling agricultural land—checklist Introduction This checklist highlights issues to consider when acting for the seller of agricultural land, including issues relating to the Basic Payment Scheme (insofar as it continues to apply to land in Wales), taxation, capital allowances and VAT. In relation to some of the matters that are identified, the principal purpose is to ensure that as comprehensive a contract, title and information pack is supplied to the buyer at the earliest possible opportunity so as to reduce the potential for ‘price-chipping’ which might otherwise arise if unexpected ‘blemishes’ only reveal themselves further down the line. Physical extent, boundaries, rights, etc • Does the sale plan correspond with: ◦ the evidence contained in the title deeds, and ◦ the actual boundaries of the property as shown by fences, walls, ditches, rivers, streams, etc or as disclosed by the seller in replies to enquiries? For further guidance, see Practice Note: Property boundaries • Is a new boundary being created as a consequence of the sale?...

LTA 1954 unopposed lease renewal procedure—flowchart

LTA 1954 unopposed lease renewal procedure—flowchart A business lease automatically continues after the expiry of the contractual term if the tenant remains in occupation for business purposes under the Landlord and Tenant Act 1954 (LTA 1954). The statutory rights under the existing lease may be terminated by either party serving one of the statutory notices of termination. This flowchart sets out the procedure for an LTA 1954 unopposed business lease renewal. For the LTA 1954 opposed business lease renewal procedure, see: LTA 1954 opposed lease renewal procedure—flowchart. For more information regarding LTA 1954 security of tenure and the court procedure, see Practice Notes: LTA 1954 business lease renewal—proceedings and LTA 1954 business lease renewal—termination. Note 1 Diarise a date at least 12–18 months in advance of the contractual expiry date of the current lease. See Practice Note: LTA 1954 business lease renewal—termination. Note 2 Information must be provided within one month of service of notice. A party has a duty to correct any information supplied for six months...

Examining real burdens—flowchart

Examining real burdens—flowchart This Flowchart is an aide memoire to examining and interpreting real burdens affecting land in Scotland. It is not a detailed note and therefore reference must be made to the Title Conditions (Scotland) Act 2003 (TC(S)A 2003) and the Abolition of Feudal Tenure etc (Scotland) Act 2000 (AFT(S)A 2000) for more detail. See Practice Notes: Real burdens in Scotland—creation and interpretation and Real burdens in Scotland—enforcement and extinction and Flowchart: Determining whether a Feudal burden survives the Abolition of Feudal Tenure etc (Scotland) Act 2000—flowchart. Note 1 If the burden was created on or after 28 November 2004 it must comply with the requirements for creation in the TC(S)A 2003. See Practice Note: Real burdens in Scotland—creation and interpretation—creation of real burdens. If it was created before 28 November 2004 the real burden must not be illegal, repugnant with ownership or an unreasonable restraint of trade. See Practice Note: Real burdens in Scotland—creation and interpretation—examining title and interpreting real

The tenancy condition

This Practice Note provides guidance upon the tenancy condition, which must be satisfied in order for a tenant to have security of tenure pursuant to section 79 of the Housing Act 1985 (HA 1985). It also considers the issues which can arise where security of tenure is threatened.Security of tenureA tenant of a dwelling house, let as a separate dwelling, will have security of tenure in accordance with HA 1985, s 79 at any time where the 'landlord condition' and the 'tenant condition' are satisfied.The 'landlord condition' is that the interest of the landlord belongs to one of several prescribed authorities or bodies. In practice, the landlord will generally be a local authority.Security of tenure is often described as 'ambulatory' because HA 1985, s 79 refers to security arising 'at any time' the necessary conditions are satisfied. Therefore, a tenant may or may not have security of tenure at any given time, depending on whether the tenant condition is satisfied.The most important aspect of security of tenure is that a...

Trading an insolvent company—checklist

Trading an insolvent company—checklist The decision to trade on is not a decision which an insolvency practitioner (IP) can make in isolation. It is important to get commitment to trading on from the other stakeholders who need to be involved. These other stakeholders include: • customers—required to commit to continue to buy from the company • suppliers—required to commit to continue to supply the company • employees—required to commit to carry on their duties with the company, and • potential purchasers—required because without a purchaser the continued trading will not lead to enhanced realisations The checklist below covers most of the key areas that an IP must focus on when trading a business. Good levels of communication and control are essential from day one of a trading job. There are four key words to keep in mind at all times from the moment an IP takes over: • control—establish the whereabouts of all assets/premises • secure—change locks, alarm codes and passwords • insure—notify insurance brokers who insure assets for IPs...

Discover our 263 Practice Notes on Tenure

Share purchase agreement—pro-buyer—corporate seller—conditional—long form

Share purchase agreement—pro-buyer—corporate seller—conditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of selling corporate entity] incorporated in [England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Seller); 2 [Insert name of purchasing corporate entity] incorporated in England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Buyer), and 3 [Insert name of guarantor entity] incorporated in England and Wales OR [insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (the Guarantor) [(each of the Seller, the Buyer and the Guarantor being a Party and together the Seller, the Buyer and the Guarantor are the Parties).] Background (A) The Company (as defined below) is a private company limited by shares and is incorporated in [England and...

Share purchase agreement—pro-buyer—individual sellers—conditional—long form

Share purchase agreement—pro-buyer—individual sellers—conditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 The several persons whose names and addresses are set out in Schedule 1 (together the Sellers), and 2 [Insert name of purchasing corporate entity] incorporated in [England and Wales OR [Insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (the Buyer), [(each of the Sellers and the Buyer being a Party and together the Sellers and the Buyer are the Parties).] Background (A) The Company (as defined below) is a private company limited by shares and is incorporated in[ England and Wales OR [insert country of incorporation]]. Details of the Company are set out in Schedule 2, Part A. (B) The Sellers are the legal and beneficial owners of the Sale Shares (as defined below), being in aggregate the entire allotted and issued share capital of the Company. (C) The Sellers have agreed to sell and the...

Dive into our 62 Precedents related to Tenure

Can a landlord/agent enter the common parts of houses in multiple occupation without notice to carry out repairs or show potential tenants an empty room? Would the position change if some tenants had a joint assured shorthold tenancy for exclusive possession of certain rooms as well as the ability to use common areas?

Can a landlord/agent enter the common parts of houses in multiple occupation without notice to carry out repairs or show potential tenants an empty room? Would the position change if some tenants had a joint assured shorthold tenancy for exclusive possession of certain rooms as well as the ability to use common areas? Although Part 2 of the Housing Act 2004 (HA 2004) defines various types of houses in multiple occupation (HMOs), the most commonly encountered situation is where a building consists of more than one unit of living accommodation which: • are not self-contained flats • is occupied by persons as their only or main residence, but not as a single household, and • two or more households share one or more basic amenities, by which is meant a toilet, personal washing facilities or cooking facilities Such accommodation requires a licence under HA 2004 and it is assumed for the purposes of this question that this has happened. It will readily be seen therefore that where a landlord has...

Why would a landlord want to apply to court having served a section 25 notice (opposed) on the tenant? Why not just wait and see if the tenant applies by the termination date or else lose their right to a new tenancy?

Why would a landlord want to apply to court having served a section 25 notice (opposed) on the tenant? Why not just wait and see if the tenant applies by the termination date or else lose their right to a new tenancy? Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure to business tenants. Where its provisions apply, a tenancy does not expire by effluxion of time but is continued on a statutory basis until brought to an end using the procedures set out in LTA 1954. The tenant also has the right to request a new tenancy, which the landlord can oppose only on specified grounds as set out in LTA 1954, s 30(1). LTA 1954, s 24(1) provides for the statutory continuation of the tenancy until terminated in accordance with the provisions of LTA 1954, Pt II, and either the landlord or the tenant can apply to the court for an order for the grant of a new tenancy if the landlord...

See the 409 Q&As about Tenure

Revised National Planning Policy Framework published

Planning analysis: The government has published a revised version of the National Planning Policy Framework (NPPF). Key changes from the previous version, published in December 2023, impact green belt policy and policy on establishing housing need and housing land supply. There is also greater policy support for infrastructure and community facilities, among other changes. A consultation response, published on the same day, sets out the government’s commitments to wider changes to the planning system, including changes to the regime under the Planning Act 2008 (PA 2008) for nationally significant infrastructure projects (NSIPs), and changes to planning fees. This is a brief summary of the key changes; further analysis on the implications will follow.

Market Standards Trend Report—AGM season 2024

Corporate analysis: The latest Market Standards Trend Report reflects on the voting patterns displayed at the annual general meetings (AGMs) of FTSE 350 companies at the close of the 2024 AGM season. It also examines the issues for companies looking forward to the 2025 season and includes expert commentary by Will Chalk (Partner, Ashurst), Wilma Rix (Senior Associate, Linklaters) and Pete Fowler (Chief Operating Officer, Lumi Global).

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GLOSSARY