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Property Disputes weekly highlights—21 January 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—21 January 2021

Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

The following Corporate Crime news provides comprehensive and up to date legal information on Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

Reforms must continue after pandemic, UK courts chief says

The following Corporate Crime news provides comprehensive and up to date legal information on Reforms must continue after pandemic, UK courts chief says

Registrar’s reasons required—why isn’t that objection groundless? (R (on the application of Sensar) v Chief Land Registrar)

The following Property Disputes news provides comprehensive and up to date legal information on Registrar’s reasons required—why isn’t that objection groundless? (R (on the application of Sensar) v Chief Land Registrar)

Featured Property Disputes content

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...

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...

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....

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...

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

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

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

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

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

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

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

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

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

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

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

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

Trespass—remedies

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

9th Nov

In-house

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...

9th Nov

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

Most recent Contractual issues content

Practice notes

Execution of deeds—HM Land Registry requirements

Execution of deedsMost deeds entered into in the course of a property transaction will require substantive registration or the making of entries on...

20th Jan

COVID-19

Practice notes

Termination for breach of contract

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...

18th Jan

In-house

Practice notes

Limitation—contract claims

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...

18th Jan

In-house

Practice notes

Contract interpretation—distinguishing between liquidated damages and penalty clauses

Liquidated damages v penalties—when does the issue arise?Parties will sometimes seek to agree in their contract what sums should be payable upon...

18th Jan

In-house

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...

18th Jan

Practice notes

Estoppel—what, when and how to plead

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...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 18th Jan

Practice notes

Rescission of a contract

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...

18th Jan

In-house

Practice notes

Ending a contract by agreement

A contract may be wholly discharged by agreement as follows:•where one party releases the other from its obligations by deed (release)•the parties...

18th Jan

In-house

Practice notes

Contract interpretation—the guiding principles

Key questions for any litigator when reviewing a contract will be:•what does the contract mean?•what are the parties’ respective rights and...

18th Jan

In-house

Practice notes

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 18th Jan

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

18th Jan

COVID-19

In-house

Practice notes

Contract interpretation—rules of contract interpretation

This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms)...

18th Jan

In-house

Practice notes

Contractual damages—general principles

This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 18th Jan

In-house

Practice notes

Property deeds—valid execution by individuals

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...

15th Jan

Practice notes

Claims for rectification

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...

15th Jan

Practice notes

Completion monies—the SCPCs

How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...

15th Jan

Practice notes

The title register—alteration, rectification and indemnity

Land Registration Act 2002 makes provision for 'alteration' of the register on a number of grounds and employs a narrower concept of 'rectification'...

15th Jan

Practice notes