Contractual issues

View Property Disputes by content type:

Latest Property Disputes News

Featured Property Disputes content

Practice notes
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...
Read More >
9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Read More >
9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
Read More >
9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
Read More >
9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
Read More >
9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
Read More >
9th Nov

Most recent Contractual issues content

Practice notes
Execution of deedsMost deeds entered into in the course of a property transaction will require substantive registration or the making of entries on...
Read More >
20th Jan
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
Read More >
18th Jan
Practice notes
In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for bringing a claim for breach of...
Read More >
18th Jan
Practice notes
Liquidated damages v penalties—when does the issue arise?Parties will sometimes seek to agree in their contract what sums should be payable upon...
Read More >
18th Jan
Practice notes
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...
Read More >
18th Jan
Practice notes
What is an estoppel?As Lord Denning MR put it in Moorgate Mercantile v Twitchings (page [323]), estoppel is a principle of justice and of equity which...
Read More >
Produced in partnership with Nicholas Macklam of Radcliffe Chambers 18th Jan
Practice notes
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...
Read More >
18th Jan
Practice notes
A contract may be wholly discharged by agreement as follows:•where one party releases the other from its obligations by deed (release)•the parties...
Read More >
18th Jan
Practice notes
Key questions for any litigator when reviewing a contract will be:•what does the contract mean?•what are the parties’ respective rights and...
Read More >
18th Jan
Practice notes
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...
Read More >
Produced in partnership with Nicholas Macklam of Radcliffe Chambers 18th Jan
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
Read More >
18th Jan
Practice notes
This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms)...
Read More >
18th Jan
Practice notes
This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 18th Jan
Practice notes
To be a deed, an instrument must be validly executed:•by the person executing it or a person authorised to execute it in the name of or on behalf of...
Read More >
15th Jan
Practice notes
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
Read More >
15th Jan
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
Read More >
15th Jan
Practice notes
Land Registration Act 2002 makes provision for 'alteration' of the register on a number of grounds and employs a narrower concept of 'rectification'...
Read More >
15th Jan
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
Read More >
15th Jan
Practice notes
This Practice Note considers when contractual obligations merge on completion of a property contract and remedies that may be available after...
Read More >
15th Jan
Practice notes
This Practice Note explains why exclusion clauses are used in property contracts and when they may be of no effect, including at common law in the...
Read More >
15th Jan

Popular documents