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Assured and assured shorthold tenancies—terminating

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

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and

Assignment and succession of tenancy

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

Assured and assured shorthold tenancies—granting

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

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

30th Oct

Practice notes

New Electronic Communications Code—Code rights

The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...

29th Oct

Practice notes

Recovering rent arrears

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

12th Oct

COVID-19

In-house

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...

12th Oct

Practice notes

Dilapidations claims at the end of the term

Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...

9th Oct

Practice notes

Periodic tenancies

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

2nd Oct

In-house

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...

30th Sep

In-house

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...

26th Sep

COVID-19

In-house

Practice notes

Tenancy deposit schemes

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

26th Sep

Practice notes

Claiming relief from forfeiture when breach is rent arrears

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

26th Sep

Practice notes

Dealing with goods left behind at lease end or following sale of property

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

26th Sep

Practice notes

Time limits and extension of statutory period under LTA 1954

Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...

25th Sep

Practice notes

Residential service charges—disputes and procedures

This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...

25th Sep

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...

25th Sep

Practice notes

Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls

Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...

25th Sep

In-house

Practice notes

Serving notices—potential issues

This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....

25th Sep

Most recent Contractual issues content

Practice notes

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

25th Sep

In-house

Practice notes

Executing documents—deeds and simple contracts

This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences...

25th Sep

COVID-19

In-house

Practice notes

Reasonable and best endeavours

This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in...

25th Sep

In-house

Practice notes

Fixtures and fittings

When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...

25th Sep

Practice notes

Rectification—mutual mistake

Rectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties'...

25th Sep

Practice notes

Proprietary estoppel

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

25th Sep

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...

25th Sep

In-house

Practice notes

Creating a valid contract

A contract for the sale of land, or of any interest in land, is void unless it complies with Law of Property (Miscellaneous Provisions) Act 1989, s 2...

25th Sep

Practice notes

Rescission—failure to obtain landlord’s consent

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Standard Conditions of...

25th Sep

Practice notes

Without prejudice and subject to contract

Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...

25th Sep

Practice notes

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

25th Sep

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...

25th Sep

In-house

Practice notes

Repudiation of property sale contracts

Repudiation of a contract occurs where one party communicates to the other (through words or conduct) that they no longer intend to be bound by it,...

25th Sep

COVID-19

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...

25th Sep

Practice notes

Co-debtors—joint and several liability from a property perspective

Joint and several liabilityWhere a covenant is given by two or more persons, they may be liable:•jointly•severally, or•jointly and severallyThe...

25th Sep

Practice notes

Completion monies—standard conditions of sale (5th edn)

How should the money be transmitted?Under Standard Condition of Sale (SC) 6.7 the buyer must pay the completion monies by direct transfer of cleared...

25th Sep

Practice notes

Rectification—unilateral mistake

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

25th Sep

Practice notes

Creating a valid contract—statutory exceptions

Excepted contractsThe contractual formalities set out in Law of Property (Miscellaneous) Provisions Act 1989, s 2 (LP(MP)A 1989) do not apply to...

25th Sep

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...

25th Sep

Practice notes