Navigate the complexities of contractual issues with expert guidance tailored for property disputes specialists. Gain crucial insights for handling breaches, enforceability, and negotiation strategies, ensuring you can adeptly address conflicts and protect client interests with precision and confidence.
Dispute Resolution analysis: The Court of Appeal has confirmed that paying the wrong court issue fee does not prevent a claim being 'brought' for the...
The Ministry of Housing, Communities and Local Government (MHCLG) has published an official Information Sheet to support implementation of the...
This week's edition of Property Disputes weekly highlights includes: the passing of the Building Safety (Wales) Bill, a Court of Appeal ruling on the...
The Royal Institution of Chartered Surveyors (RICS) has announced that its first global professional standard for responsible use of artificial...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Liability for breach of property contract after completionThis Practice Note considers when contractual obligations merge on completion of a property contract and remedies that may be available after completion.For contractual remedies in relation to property contracts generally, see Practice Notes:
Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will be held by
What does the phrase ‘successors in title’ mean in a lease?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 standard lease will commonly contain the wording: ‘the expression “the Tenant” includes the
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties' intention. It is available only in relation to written contracts and other documents. An oral agreement cannot be rectified.
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