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Coronavirus (COVID-19) update—restrictions on enforcement extended

The following Banking & Finance news provides comprehensive and up to date legal information on Coronavirus (COVID-19) update—restrictions on enforcement extended

HMCTS publishes guidance and FAQs for the Damages Claims pilot scheme (CPR PD 51ZB)

The following Dispute Resolution news provides comprehensive and up to date legal information on HMCTS publishes guidance and FAQs for the Damages Claims pilot scheme (CPR PD 51ZB)

Property Disputes weekly highlights—17 June 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—17 June 2021

Operators granted interim MSV Code rights at critical national infrastructure building in London (EE Ltd v London Underground)

The following Property Disputes news provides comprehensive and up to date legal information on Operators granted interim MSV Code rights at critical national infrastructure building in London (EE Ltd v London Underground)

Featured Property Disputes content

Notice to complete

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

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

Remedies for breach of restrictive covenants

Damages or injunction—the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

Precedents

Example letter 6–Line of Junction Notice–new wall wholly on your own land

To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...

19th May

Q&As

Can someone trim their neighbour’s hedge without permission which is encroaching their garden?

The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...

Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May

Precedents

Acknowledgement of Line of Junction Notice—New wall astride the boundary

To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...

19th May

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

19th May

Precedents

Example letter 1–Party Structure Notice

To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...

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

Rectification—unilateral mistake

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

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

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

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

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

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 Jun

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 11th Jun

Q&As

Where the contractual term of a Landlord and Tenant Act 1954 protected tenancy expires part way through a quarter (and rent is payable in advance on the usual quarter days), can the landlord demand the full quarter’s rent prior to the contractual expiry date without prejudicing its right to recover possession if the tenant fails to issue proceedings or vacate?

Where the contractual term of a Landlord and Tenant Act 1954 protected tenancy expires part way through a quarter (and rent is payable in advance on...

11th Jun

Q&As

What would the statutory position be if the postal system is not available due to coronavirus (COVID-19) and the parties have to serve a statutory notice (absent any emergency legislation which may be introduced to deal with this issue)?

What would the statutory position be if the postal system is not available due to coronavirus (COVID-19) and the parties have to serve a statutory...

11th Jun

COVID-19

Q&As

Will the grant of a new lease result in an existing lease being surrendered by operation of law?

Will the grant of a new lease result in an existing lease being surrendered by operation of law?A surrender by operation of law occurs when the...

11th Jun

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 11th Jun

Precedents

Vacant possession strategy—schedule

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

11th Jun

Q&As

A landlord serves a break notice on the tenant and but the notice is addressed to the previous tenant. The other details of the notice are correct. Is the notice valid?

A landlord serves a break notice on the tenant and but the notice is addressed to the previous tenant. The other details of the notice are correct. Is...

Produced in partnership with Sebastian Clegg of Gough Square Chambers 11th Jun

Q&As

In a lease protected under the Landlord and Tenant Act 1954, is it possible to have a landlord break option exercisable on the basis that one of the grounds under the Act (for example redevelopment or alternative premises) applies?

In a lease protected under the Landlord and Tenant Act 1954, is it possible to have a landlord break option exercisable on the basis that one of the...

11th Jun

Q&As

Will a lift and shift clause in the event of redevelopment be void if the lease is not contracted out? Will it be operative if the lease contains reference to the notice and declaration under section 38A(4)(a)–(b) of the Landlord and Tenant Act 1954?

Will a lift and shift clause in the event of redevelopment be void if the lease is not contracted out? Will it be operative if the lease contains...

11th Jun

Q&As

Will using a landlord break clause in the last year of a commercial lease, have the same effect as contracting out of the Landlord and Tenant Act 1954?

Will using a landlord break clause in the last year of a commercial lease, have the same effect as contracting out of the Landlord and Tenant Act...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jun

Practice notes

Code for leasing business premises, RICS professional statement 2020

Code for leasing business premises, RICS professional statement 2020Status of the Lease Code 2020The Code for leasing business premises, RICS...

11th Jun

Q&As

A tenant has exercised a break option and the break conditions are vacant possession and payment of rent and other sums due under the lease. The lease provides that the tenant will keep the premises in good and substantial repair. There are dilapidation works that need to be carried out and the tenant has requested that it can stay on at the property after the break date to complete the dilapidation works. This is not an acceptable option to the landlord. What action can the landlord take?

A tenant has exercised a break option and the break conditions are vacant possession and payment of rent and other sums due under the lease. The lease...

6th Jun

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...

6th Jun

Q&As

If a business tenancy is to be excluded from security of tenure, can the tenancy agreement include a break clause which, if exercised, could result in the tenancy terminating in the first six months of the term (or in the first six months from the grant of the tenancy)?

If a business tenancy is to be excluded from security of tenure, can the tenancy agreement include a break clause which, if exercised, could result in...

Produced in partnership with Carl Fain of Tanfield Chambers 6th Jun

Q&As

If a commercial tenant serves a break notice on a landlord by email (as opposed to registered post as specified in the break requirements) and with an incorrect break date, when should the landlord make the tenant aware that it does not accept the break notice?

If a commercial tenant serves a break notice on a landlord by email (as opposed to registered post as specified in the break requirements) and with an...

6th Jun

Q&As

Is there any guidance for UK commercial tenants who need to fulfill break option obligations by vacating premises during the current coronavirus (COVID-19) restrictions?

Is there any guidance for UK commercial tenants who need to fulfill break option obligations by vacating premises during the current coronavirus...

6th Jun

COVID-19

Q&As

An operator is a tenant under a lease. The lease is protected by the 1954 Act and the Electronic Communications Code. The operator had an unconditional break option in the lease and served notice to terminate the lease. The operator failed to vacate (ie remove the electronic apparatus) on the break date and wants to remain on the property. Rent was paid for a full year (so part of the rent relates to a period after the break date) after the break notice was served, but before the break date. What are the operator's options?

An operator is a tenant under a lease. The lease is protected by the 1954 Act and the Electronic Communications Code. The operator had an...

6th Jun

Q&As

A lease was granted to individual members of a company. In practice, the company pays the rent but no formal assignment has been completed. The tenant now wishes to exercise a break option. Who should serve the break notice—the named individuals or the company?

A lease was granted to individual members of a company. In practice, the company pays the rent but no formal assignment has been completed. The tenant...

6th Jun

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...

6th Jun