Freeths

Experts

5

Filter by: Practice area
Iona Silverman
Partner
Freeths
Jill Carey
Director
Freeths
Lucy Johnson
Senior Associate Solicitor
Freeths
Contributions by Freeths Experts

21

CPR 55 procedure in relation to commercial property
CPR 55 procedure in relation to commercial property
Practice notes

This Practice Note explains how Part 55 of the Civil Procedure Rules (CPR 55) operates in relation to commercial property, covering proceedings to obtain possession on expiry of a lease, landlord’s right to forfeit the lease and dealing with squatters (trespassers) and applying for Interim Possession Orders.

Enforcement agents—entry and use of reasonable force
Enforcement agents—entry and use of reasonable force
Practice notes

This Practice Note summarises the basis of an enforcement agent’s authority to enter premises to take control of goods to sell them to discharge a judgment debt or recover commercial rent arrears under the taking control of goods procedure and when reasonable force can be used to enter or to do anything for which entry is authorised, with reference to the Tribunals, Courts and Enforcement Act 2007.

Residential service charges—disputes and procedures
Residential service charges—disputes and procedures
Practice notes

This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act 1985 (LTA 1985), including the landlord’s power to recover residential service charges, the reasonableness of the demand, the timing of demands and the timing and wording of notices and how to bring an application in relation to service charge demands and recovery before the First Tier Tribunal (Property Tribunal) and the recovery of the landlord’s costs for service charge proceedings.

Section 49 of the Law of Property Act 1925—summary procedure for contractual issues and orders for repayment of deposits
Section 49 of the Law of Property Act 1925—summary procedure for contractual issues and orders for repayment of deposits
Practice notes

This Practice Note considers the procedure under section 49(1) of the Law of Property Act 1925 (LPA 1925), by which a buyer or seller of any interest in land may, between exchange and completion, make a summary application to court in respect of any requisitions or objections, any claim for compensation, or any other question arising out of or connected with the contract (other than a question affecting the existence or validity of the contract).The court may make such order as appears just, including an order as to the costs of and incidental to the application. The note also deals with a buyer's rights under LPA 1925, s 49(2) to ask the court to return their deposit in appropriate circumstances.

Taking control of goods—the process up until seizure of goods
Taking control of goods—the process up until seizure of goods
Practice notes

This Practice Note sets out the detail of the procedure relating to the taking control of goods either to satisfy commercial rent arrears under the CRAR procedure or to enforce a judgment debt following the issue of a writ or warrant of control. These provisions came into force in April 2014.

Taking control of goods—the schedule 12 TCG procedure
Taking control of goods—the schedule 12 TCG procedure
Practice notes

This Practice Note sets out the procedure provided for in the Tribunals, Courts and Enforcement Act 2007, schedule 12 for the taking control of goods in order to satisfy a judgment debt (the ‘TCG’ procedure as it may become known) which replaced the old writ of fieri facias and warrants of execution. The schedule 12 procedure also replaced the old common law remedy of distress for rent when seeking to recover commercial rent arrears and is now known as CRAR (Commercial Rent Arrears Recovery).

Vacant possession strategy for redevelopment
Vacant possession strategy for redevelopment
Practice notes

This Practice Note covers the various situations that a developer may encounter when looking at a potential development site. It considers the types of occupiers and interests that might be in place, from commercial leases with protection of Part II of the Landlord and Tenant Act 1954, to long-term residents, licensees and telecoms operators, and how those interests may be terminated and vacant possession recovered. As timing is critical to redevelopment, the Practice Note also explains the timing of serving notices including section 25 notices and break notices and taking action to recover possession, and the importance of ensuring that the developer deals with all the interests on the site, not just the immediate subject.

Counter-notice under the Party Wall etc Act 1996
Counter-notice under the Party Wall etc Act 1996
Precedents

This counter-notice is for use where an Adjoining Owner has been served with a Party Wall etc Act 1996 notice by a Building Owner who intends to carry out party wall works to an existing wall. It covers the different scenarios where the Adjoining Owner requires the works proposed by the Building Owner to be modified, or some additional works to be carried out for their own benefit.

Directions—opposed LTA 1954 business lease renewal
Directions—opposed LTA 1954 business lease renewal
Precedents

This precedent is for use when directions are sought in an opposed lease renewal matter under the Landlord and Tenant Act 1954.

Directions—unopposed LTA 1954 business lease renewal
Directions—unopposed LTA 1954 business lease renewal
Precedents

This precedent is a set/timetable of standard directions used when there is an unopposed lease renewal of commercial premises, pursuant to the Landlord and Tenant Act 1954.

Drafting note for claim form and particulars—unopposed lease renewal (tenant’s claim)
Drafting note for claim form and particulars—unopposed lease renewal (tenant’s claim)
Precedents

This Precedent is to be used where the tenant of commercial premises seeks a lease renewal and the landlord does not oppose the application. It provides a drafting note for completing Form LT503(LN).

Drafting note for claim form for tenant’s lease renewal (where landlord opposes)
Drafting note for claim form for tenant’s lease renewal (where landlord opposes)
Precedents

This Precedent is the claim form to be used where a tenant of business premises wishes to apply for the renewal of a tenancy pursuant to LTA 1954, s 26 and the landlord is opposing it. It should be made using Form N1.

Drafting notes for claim form in s 21 notice to quit standard possession proceedings
Drafting notes for claim form in s 21 notice to quit standard possession proceedings
Precedents

These drafting notes are to be used in respect of completing a claim form where a private landlord has served a section 21 notice to quit on the tenant of a property let on an assured shorthold tenancy (AST) and wishes to use the standard procedure for possession under Housing Act 1988, s 21 (the s 21 notice standard possession procedure). The claim should be issued using Form N5 and with reference to CPR 55 and CPR PD 55A and accompanied by particulars of claim in form N119.

Drafting notes for defence s 21 standard possession procedure
Drafting notes for defence s 21 standard possession procedure
Precedents

These drafting notes are to be used in connection with a tenant’s defence of a possession claim made by its landlord using the standard possession procedure under Housing Act 1988, s 21. The defence should be completed using Form N11R.

Drafting notes for defence to section 8 possession proceedings brought for non-payment of rent
Drafting notes for defence to section 8 possession proceedings brought for non-payment of rent
Precedents

This precedent defence is for use when defending a landlord’s application under section 8 of the Housing Act 1988 seeking possession of residential accommodation let under an assured tenancy, an assured agricultural occupancy or an assured shorthold tenancy and the ground sought for possession is based on the tenant’s alleged non-payment of rent. This precedent is for use in completing Form N11R.

Drafting notes for defence to section 8 possession proceedings brought on grounds other than non-payment of rent (other breaches defence)
Drafting notes for defence to section 8 possession proceedings brought on grounds other than non-payment of rent (other breaches defence)
Precedents

This precedent defence is for use when defending a landlord’s application under section 8 of the Housing Act 1988 seeking possession of residential accommodation let under an assured tenancy, an assured agricultural occupancy or an assured shorthold tenancy and the ground sought for possession is based on an alleged breach by the tenant (other than non-payment of rent). This precedent is to be completed using Form N11R.

Drafting notes for particulars of claim in s 21 notice to quit standard possession proceedings
Drafting notes for particulars of claim in s 21 notice to quit standard possession proceedings
Precedents

These drafting notes are to be used when drafting particulars of claim where a private landlord has served a section 21 notice to quit on the tenant of a property let on an assured shorthold tenancy (AST) and wishes to use the standard procedure for possession under Housing Act 1988, s 21 (the s 21 notice standard possession procedure). This precedent should be completed using Form N119 and with reference to CPR 55 and CPR PD 55A.

Landlord’s defence opposing tenant’s claim for a lease renewal
Landlord’s defence opposing tenant’s claim for a lease renewal
Precedents

This defence is to be used where a landlord is opposing a tenant’s application for the grant of a new lease (tenancy) under the Landlord and Tenant Act 1954.

Tenant’s defence opposing landlord’s lease termination based on ground (f) of section 30(1) of the Landlord and Tenant Act 1954
Tenant’s defence opposing landlord’s lease termination based on ground (f) of section 30(1) of the Landlord and Tenant Act 1954
Precedents

This precedent defence is for use by a tenant opposing a landlord’s application to terminate a lease under the Landlord and Tenant Act 1954.

If you expected to see yourself on this page, click here.