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Latest Property Disputes News

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 Contractual issues content

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...

7th May

In-house

Q&As

Does a tenant have any claim against their landlord if, without the tenant’s knowledge, the tenant’s lease was created by an unlawful subletting by the landlord?

The answer to this question will depend on the exact situation that presents itself. The first point to note is that, in general terms, the...

Produced in partnership with Dr David Smith of JMW Solicitors LLP 5th May

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 30th Apr

Practice notes

The tort of deceit

Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...

27th Apr

In-house

Practice notes

Section 49 of the Law of Property Act 1925—summary procedure for contractual issues and orders for repayment of deposits

Section 49 of the Law of Property Act 1925This Practice Note considers the procedure under section 49(1) of the Law of Property Act 1925 (LPA 1925),...

Produced in partnership with Victoria Jones 27th Apr

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...

26th Apr

COVID-19

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 26th Apr

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...

23rd Apr

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)...

20th Apr

In-house

Practice notes

Equitable remedies in contractual disputes

While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...

Produced in partnership with Zainab Hodgson of CMS 15th Apr

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...

13th Apr

COVID-19

In-house

Practice notes

Remote execution of documents in property transactions—virtual and electronic signatures

IntroductionThis Practice Note looks at the use of virtual and electronic signatures in property transactions and considers some of the practical...

13th Apr

COVID-19

Practice notes

Contracts for the sale of land—formation, signature and variation

IntroductionA contract for the sale, or other disposition, of an interest in land is void unless it complies with section 2 of the Law of Property...

13th Apr

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...

12th Apr

In-house

Practice notes

Property deeds—use and execution of deeds in property transactions

IntroductionThis Practice Note looks at when deeds are required in property transactions, how deeds are validly executed by individuals in accordance...

9th Apr

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...

8th Apr

In-house

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...

8th Apr

In-house

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 8th Apr

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...

8th Apr

Practice notes