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Latest Property Disputes News

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Property Disputes weekly highlights—16 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—16 September 2021

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property Disputes content

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...

19th May

Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...

Produced in partnership with Desmond Kilcoyne 19th May

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...

Produced in partnership with Kate Andrews of Hamlins 19th May

Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...

19th May

Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

19th May

Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

19th May

Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...

Produced in partnership with Alex Campbell of Arden Chambers 19th May

Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...

19th May

Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...

19th May

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

19th May

Practice notes

Commercial rent arrears recovery (CRAR)

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

19th May

COVID-19

Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May

Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...

19th May

Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...

Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...

19th May

Most recent Break options and notices content

Practice notes

Vacant possession strategy for redevelopment

Vacant possession strategy for redevelopmentCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in...

Produced in partnership with Jill Carey of Freeths 23rd Aug

Practice notes

VAT issues for lease assignments and terminations

VAT issues for lease assignments and terminationsFORTHCOMING CHANGE: HMRC is in the process of revising Revenue and Customs Brief 12 (2020) on the VAT...

Produced in partnership with Martin Scammell 16th Aug

Precedents

Landlord’s break option for redevelopment

Landlord’s break option for redevelopmentLandlord's break option for redevelopment1The Landlord may determine this Lease by giving to the Tenant not...

10th Aug

Q&As

If a notice to quit is not signed, will that invalidate the notice?

If a notice to quit is not signed, will that invalidate the notice?This question raises the issue of the requirements for a valid notice to quit. Such...

10th Aug

Q&As

A tenant under a fixed term of ten years has been holding over for three years. The rent is payable annually on the 1st September each year. What notice must be served to terminate the tenancy?

A tenant under a fixed term of ten years has been holding over for three years. The rent is payable annually on the 1st September each year. What...

10th Aug

Q&As

A Landlord wishes to serve a section 21 notice. The AST commenced on 13 March 2013 for a fixed term for six months. The tenant paid rent monthly. The AST is now a statutory periodic tenancy. It is understood that section 21(4) is used where an AST is granted as a periodic tenancy from the outset. Therefore, section 21(1) will be relevant here and not section 21(4). Please confirm this is correct. If the notice is served by recorded delivery when will it be deemed served and what method of service should be used?

A Landlord wishes to serve a section 21 notice. The AST commenced on 13 March 2013 for a fixed term for six months. The tenant paid rent monthly. The...

10th Aug

Q&As

If a letter was sent registered delivery using next day delivery service, would this be deemed served the next day under section 196(4) of the Law of Property Act 1925, even if the recipient was away and therefore could not sign for, nor obtain the letter until later the next week, or when the recipient is able to pick up the letter from the post office?

If a letter was sent registered delivery using next day delivery service, would this be deemed served the next day under section 196(4) of the Law of...

10th Aug

Q&As

Section 196 of the Law of Property Act 1925 requires notices under the Act to be served 'in writing'. Does 'in writing' include by email?

Section 196 of the Law of Property Act 1925 requires notices under the Act to be served 'in writing'. Does 'in writing' include by email?The Law of...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 10th Aug

Q&As

If a landlord is granting an eight-year lease under the Landlord and Tenant Act 1954 (LTA 1954) with a landlord break at year five, does the landlord also have to serve a section 25 notice when exercising the break by service of a written notice? Can a landlord break notice be served separately from any other notices? Does the landlord need to prove one of the grounds under LTA 1954, s 30 in order to effectively serve the section 25 notice to end the tenancy?

If a landlord is granting an eight-year lease under the Landlord and Tenant Act 1954 (LTA 1954) with a landlord break at year five, does the landlord...

10th Aug

Q&As

If a lease requires service by recorded post and the notice is returned as not signed for, will that still be good service?

If a lease requires service by recorded post and the notice is returned as not signed for, will that still be good service?Leases will tend to set out...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

Q&As

Do I have time to serve an effective break notice, what form should it take and what is the method of service?

Do I have time to serve an effective break notice, what form should it take and what is the method of service?ScenarioA client has just called to tell...

10th Aug

Q&As

A commercial lease has three named landlords. They have different addresses. The lease provides for the tenant to serve a break notice ‘on the other party’, so notice will need to be served on all three landlords. Should the tenant serve one break notice addressed to all three landlords or three break notices, one to each of the named landlords? Should the tenant serve the break notice by three letters to each landlord or one letter to all three landlords? If the latter, is there any authority as to what happens if one of the landlords denies having received the notice?

A commercial lease has three named landlords. They have different addresses. The lease provides for the tenant to serve a break notice ‘on the other...

10th Aug

Q&As

When a lease includes a clause relating to service of notices, will this take precedence over section 23 Landlord and Tenant Act 1927 or can the landlord rely on section 23 in place of the clause in the lease?

When a lease includes a clause relating to service of notices, will this take precedence over section 23 Landlord and Tenant Act 1927 or can the...

10th Aug

Q&As

If a landlord cannot be certain of the date on which an implied annual periodic commenced (and therefore, cannot precisely determine the end date for the notice to quit), how can the landlord terminate the tenancy?

If a landlord cannot be certain of the date on which an implied annual periodic commenced (and therefore, cannot precisely determine the end date for...

Produced in partnership with Alexander Campbell of Field Court Chambers 10th Aug

Q&As

My client has recently completed a lease which contains a break clause which they wish to exercise on a month's notice. It is a term of the break clause that for the break to be valid all the rents should be paid up to date. The landlord has not invoiced my client however and has yet to respond to requests for invoice. We are concerned that the landlord won't invoice and then the break clause could be ineffective. How do you recommend dealing with this?

My client has recently completed a lease which contains a break clause which they wish to exercise on a month's notice. It is a term of the break...

10th Aug

Q&As

Section 196 of the Law of Property Act 1925 provides for service at the ‘last-known place of abode’. If a party lives in Canada, must notice still be sent to their last-known UK address in order to be effective?

Section 196 of the Law of Property Act 1925 provides for service at the ‘last-known place of abode’. If a party lives in Canada, must notice still be...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 10th Aug

Q&As

When serving an option to purchase notice on the landlords (who are also trustees) and two of the landlords/trustees are now deceased, it would appear to be necessary to serve the option notice on the personal representatives. However, would it also be necessary to serve notice on them in their capacity as trustees?

When serving an option to purchase notice on the landlords (who are also trustees) and two of the landlords/trustees are now deceased, it would appear...

Produced in partnership with Desmond Kilcoyne 10th Aug

Q&As

Can a landlord exercise a landlord's break right in a lease during the moratorium when the tenant is in administration?

Can a landlord exercise a landlord's break right in a lease during the moratorium when the tenant is in administration?The moratorium is set out in...

Produced in partnership with Helen Galley of XXIV Old Buildings 10th Aug

Q&As

Where a landlord has transferred its freehold interest to a new company, but the new company is not yet registered as the freehold proprietor at the land registry, should the tenant serve a Landlord and Tenant Act 1954 (LTA 1954) section 26 notice on the new landlord or the old landlord who remains registered as the freeholder at the land registry. Would the position change if the new landlord had served a LTA 1954, s 40(1) request for further information on the tenant?

Where a landlord has transferred its freehold interest to a new company, but the new company is not yet registered as the freehold proprietor at the...

Produced in partnership with Desmond Kilcoyne 10th Aug

Q&As

How do you serve a contractual or statutory notice when the recipient’s offices are closed as a result of coronavirus (COVID-19)?

How do you serve a contractual or statutory notice when the recipient’s offices are closed as a result of coronavirus (COVID-19)?As set out in Q&A:...

10th Aug

COVID-19