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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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...
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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...
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
CPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the issue of writs and warrants For general guidance on CPR...
The Land Registry Practice Guide 63: Land Charges—applications for registration, official search, office copy and cancellation, outlines the procedure...
Discharging a charging orderSection 3(5) of the Charging Orders Act 1979 (COA 1979) provides that:‘The court by which a charging order was made may at...
The First-tier Tribunal (Property Chamber) is a creature of statute, having been created by legislation, and as such, is restricted in its practice by...
Cohabitants have no legal status as a couple. Accordingly, prior to death, their rights in relation to any jointly-owned property depend upon a strict...
Section 15(1) of the Limitation Act 1980 (LA 1980) provides that no claim shall be brought by any person to recover any land after the expiration of...
Until the property is vested in the beneficiary, the trustees hold on a bare trust and the beneficiary would have a mere equitable interest.Of course,...
In the case of Sinclair Gardens v Ray the Court of Appeal considered the status of an Upper Tribunal (UT) decision.In dismissing the appeal, the court...