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CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Property Disputes weekly highlights—6 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—6 May 2021

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

The following Property Disputes news provides comprehensive and up to date legal information on A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

An analysis of the Housing Possession Mediation Service

The following Dispute Resolution news provides comprehensive and up to date legal information on An analysis of the Housing Possession Mediation Service

Featured Property Disputes content

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

Trespass—claims and defences

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

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

Trespass—remedies

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

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...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

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...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

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...

9th Nov

Practice notes

Notice to complete

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

9th Nov

COVID-19

Practice notes

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...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

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...

9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Precedents

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...

9th Nov

Practice notes

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....

9th Nov

COVID-19

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...

9th Nov

Practice notes

Forfeiture of a lease

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

9th Nov

COVID-19

In-house

Most recent Business tenancies content

Practice notes

Claim form—the contents

This Practice Note considers the current position and provides guidance on the interpretation and application of the relevant provisions of the CPR....

7th May

Q&As

An agreement entered into in 1964 grants a right of way confirming that the grantee shall ‘peacefully hold and enjoy the benefit’ for the term of the agreement, which is 42 years. The right of way has been used, but the grantee is now facing objections. Can the right constitute a lease of a right of way capable of protection under the Landlord and Tenant Act 1954?

Section 23 of the Landlord and Tenant Act 1954 (LTA 1954) provides: ‘Subject to the provisions of this Act, this Part of this Act applies to any...

Produced in partnership with Desmond Kilcoyne 6th May

Practice notes

LTA 1954—terms of the renewal lease

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

Produced in partnership with Charlotte Coleman of Winckworth Sherwood 29th Apr

Practice notes

Quick guide to where to issue common property dispute applications

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

29th Apr

Practice notes

Code for leasing business premises, RICS professional statement 2020

Status of the Lease Code 2020The Code for leasing business premises, RICS professional statement 2020 (the Lease Code 2020) is effective from 1...

29th Apr

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

28th Apr

Practice notes

LTA 1954 business lease renewal—termination

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

28th Apr

COVID-19

In-house

Q&As

Where a tenant has a business lease protected by Part II of the Landlord and Tenant Act 1954, and also has a contractual option to renew, will the service of a section 26 request prevent the later exercise of the option?

A lease may contain an option to renew, giving the tenant the right to demand a further term on expiry of the existing one. An option to renew is...

28th Apr

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?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to give security of tenure to tenants occupying premises for the purpose of a business,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Apr

Practice notes

LTA 1954 business lease renewal—proceedings

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

27th Apr

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...

27th Apr

Q&As

A property is being transferred to two beneficiaries of a trust. One of the beneficiaries (party A) will reside at the property and the other (party B) will not. A wants to stay there for five years and B is agreeable to that. A will pay rates/insurance/utilities, but not any rent. In the absence of rent payable, what is the most appropriate way to document this? Would a licence be more appropriate than an assured shorthold tenancy? The intention is to document the occupation but not for A to accrue any additional rights to stay beyond the five-year term.

In a scenario such as this, the legal mechanism to enable the occupation of A matters only in the event of a dispute. If A simply vacates the property...

27th Apr

Q&As

What happens if a landlord serves a section 25 notice proposing terms for a renewal lease, and the tenant does not respond before the termination date specified in the notice?

If the tenant does not respond, by way of agreeing a statutory extension, or by issuing court proceedings by the termination date specified in the...

27th Apr

Q&As

Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure in respect of business tenancies that fall within its provisions....

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr

Q&As

How should we document a headlease for a tenant who has been in occupation for many years and has granted an underlease?

We assume that no formal lease was entered into with the tenant.The tenant may have acquired some sort of tenancy by virtue of being in occupation....

27th Apr

Q&As

What is the status of a tenant of mixed use premises whose lease expired and they are no longer in occupation but are paying rent. The tenant sublet the residential element of the premises with consent, and the commercial element without consent. What action should be taken to terminate any relationship with the existing tenant and enter into direct relationships with the subtenants, and can the landlord claim rent directly from the subtenants in the interim?

In answering this Q&A we have assumed that:•the premises were protected under the Landlord and Tenant Act 1954 (LTA 1954). We also assume that the...

27th Apr

Q&As

If a company was a tenant in a residential assured shorthold tenancies (potentially on the behalf of employees without using a service occupancy agreement) what may be the legal ramifications?

Under section 1 of the Housing Act 1988 (HA 1988), only an individual(s) can hold an assured tenancy (AT) and accordingly an assured shorthold tenancy...

27th Apr

Q&As

What is the status of an executed but undated lease? The parties have treated the lease as valid for a number of years. How can the landlord terminate the arrangement?

In this Q&A, we refer to the same lease throughout.Once a deed has been executed, the general rule is the executed deed will take effect against that...

27th Apr

Q&As

In a periodic business lease where there is no written lease but annual rent is paid quarterly, what notice must the tenant give to terminate?

Although tenants are offered a significant degree of protection where Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies, security of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr

Q&As

What is a tenant’s occupational status when they failed to issue proceedings before expiry of a section 25 notice, but remained in occupation and paying rent afterwards?

Our Q&A My client was a tenant under a lease for a term of ten years that was contracted out. They have been in occupation for a further year since...

27th Apr

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Business tenancies

View Property Disputes by content type:

Latest Property Disputes News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Property Disputes weekly highlights—6 May 2021

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

An analysis of the Housing Possession Mediation Service

Featured Property Disputes content

Rights of light claims

Trespass—claims and defences

Statutory compensation under the Landlord and Tenant Act 1954

Trespass—remedies

Most recent Business tenancies content

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Intercreditor agreement—key provisions

Facilitation payments under the Bribery Act 2010

Negative pledges

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