Facilities Manager's Desk Reference, 3rd Edition

8Property Legislation and Leases

Property law in the UK is one of the most complex and difficult fields of law, and a high volume of litigation in this area is constantly underway, leading to new precedents and rulings on a frequent basis. FMs (facilities managers, or facilities management) need a broad understanding of property law, contract law, planning legislation, leases and licences, and landlord and tenant issues. The main pieces of legislation are the Landlord and Tenant Acts (1927–1985), the Town and Country Planning Act 1990, the Building Act 1984 with associated Building Regulations, the Defective Premises Act 1972 and the Occupiers’ Liability Act 1984.

FMs with premises in Europe, the Middle East, Africa (EMEA) or elsewhere in the world will face a range of local laws and regulations. Getting expert professional guidance is critical.

8.1 Ownership and tenure

The most common forms of property tenure in the UK are freehold and leasehold. There is a separate legal system in Scotland.

Freehold

Freehold is the most secure form of ownership in that it is in perpetuity and there are relatively few limits to the rights of a freeholder to deal with their property. A freeholder will hold title deeds to prove ownership and by undertaking enquiries about the property before purchase will be aware of any rights held by third parties over the land. Examples of third‐party rights could include a public footpath across land or a restriction placed on the use of property by a ...