The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives the right to a qualifying tenant to acquire a new lease of the flat upon payment of a premium. By LRHUDA 1993, s 56, where notice in accordance with section 42 is given to the landlord, the landlord is bound to grant to the tenant, and the tenant is bound to accept, in substitution for the existing lease, and on payment of the premium, a new lease of the flat at a peppercorn rent for a term expiring 90 years after the term date of the existing lease. By LRHUDA 1993, s 57 the new lease shall be on the same terms as the existing lease, with such modification required in the specific circumsta
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This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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