The following Property Disputes practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:
proceedings for possession
forfeiture of business leases on the grounds of non-payment of rent
a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods
service of various notices to recover possession of residential properties
practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)
insolvency legislation of both a permanent and temporary nature
For further information and guidance, see: Coronavirus (COVID-19)—implications for property.
This Practice Note explains the criteria for assured tenancies (AT) and assured shorthold tenancies (AST) and the exceptions to those criteria, the main terms of AT and ASTs, the position regarding succession, and summarises a landlord’s obligations in respect of energy efficiency, gas safety and other health and safety obligations, right to rent and tenancy deposits. For information regarding terminating AT and ASTs see Practice Note: Assured and assured shorthold tenancies—terminating.
Listed below are the definitions of terms which are particularly relevant for the purposes of this Practice Note:
Assured tenancy (AT): was the main form of private residential security of tenure from 15 January 1989 until 27 February 1997. Leaving aside termination of the contractual tenancy, the statutory tenancy can only be unilaterally terminated by a
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
What are OFTOs?Offshore Transmission Owners (OFTOs) are the owners of offshore transmission assets which connect offshore wind farms to the onshore electricity network. The transmission assets comprise everything between the offshore point of connection with the generating wind farm assets and the
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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