Freeths

This Practice Note explains how to bring a possession claim when a lease or licence has ended, whether residential or commercial. It covers Part 55 of the Civil Procedure Rules (CPR 55), how to prepare the claim, and practical guidance for the hearing.

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.

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.

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.

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

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.

These drafting notes are to be used to complete a claim form where the tenant of commercial premises seeks a lease renewal pursuant to the Landlord and Tenant Act 1954 and the landlord does not oppose the application. It provides a drafting note for completing Form LT503(LN).

These drafting notes are to be used to complete the claim form where a tenant of business premises wishes to apply for the renewal of a tenancy pursuant to the Landlord and Tenant Act 1954 and the landlord is opposing it.

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 section 21 of the Housing Act 1988. The defence should be completed using Form N11R.

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.

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.

These drafting notes are to be used when completing Form N119 particulars of claim in a claim for possession by a private landlord of a property let on an assured shorthold tenancy (AST), following service of a notice pursuant to section 21 of the Housing Act 1988 and the landlord intends to use the standard procedure for possession.

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.

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.

This Q&A considers whether a personal representative can make an application against a deceased's former employer concerning non-party disclosure for employment records.

This Q&A considers whether the Fixed Costs regime (CPR Part 45 VII) apply to the Shorter Trial Scheme (PD57AD) and the specific provision to be referred to.

This Q&A considers whether the court needs to be updated with the change of a claimant’s address where the address for service remains the same.

This Q&A considers the Leasehold Reform, Housing and Urban Development Act 1993, s 61 and the effect on a lender’s willingness to lend and valuation.

This Q&A considers the circumstances when (A) has a restriction registered against the property title which pre-dates a charging order and the debenture is noted as a restriction and not as a legal charge on the title, and whether the fact that the debenture is not entered by way of a legal charge on a title document in any way promotes (A)’s interest above that of the debenture?

This Q&A considers the process when a company that is party to a proceeding, changes its name since the issue of the claim.