Landlord and Tenant Law Relevant to Conveyancing
The core framework
Conveyancing questions on landlord and tenant focus on the creation, assignment and termination of leases, and on the statutory regimes that affect a buyer. Candidates must know the difference between a lease and a licence, the formalities for creating a legal lease (deed for over three years, and registration for over seven years in registered land), and the rules on assignment and subletting. The Landlord and Tenant Act 1954 security of tenure for business tenancies, the Housing Act 1988 assured tenancies, and the statutory protections for residential occupiers are all examinable.
Traps
Watch the effect of a lease granted out of registered land without registration: it may be void at law but take effect in equity. Also note the difference between assignment and subletting, and the need for landlord's consent where the lease requires it. Break clauses and their conditions are a favourite: a break is ineffective unless every condition is satisfied strictly. Forfeiture requires a section 146 notice in most cases, and relief is discretionary.
Rule of thumb
Ask: what type of tenancy is it, what formalities created it, is it protected on the register, and what statutory regime governs termination?
Worked example
A business tenant holds a lease of 10 years granted by deed but not registered. The lease is void at law as a legal estate, but the tenant has an equitable lease binding on a purchaser with notice. Registration would have perfected it.