Disputes and remedies

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Latest Property Disputes News

Supreme Court rules on right to manage regime (FirstPort v Settlers Court)

The following Property Disputes news provides comprehensive and up to date legal information on Supreme Court rules on right to manage regime (FirstPort v Settlers Court)

Property Disputes weekly highlights—13 January 2022

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 January 2022

Civil Justice Council’s consultation on pre-action procedure

The following Dispute Resolution news provides comprehensive and up to date legal information on Civil Justice Council’s consultation on pre-action procedure

Property Disputes weekly highlights—6 January 2022

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—6 January 2022

Featured Property Disputes content

Mortgagee in possession

Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...

Claims for use and occupation, mesne profits, double rent and double value

Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...

Occupiers’ liability

Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...

In relation to a leasehold title, what is an overriding lease relating to the property. How does this affect the title and how can the issue be rectified?

In relation to a leasehold title, what is an overriding lease relating to the property. How does this affect the title and how can the issue be...

Q&As

In an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), can the court make an order for 'partitioning' under TOLATA 1996, s 7? If so, what does partitioning mean? Can the claimant ask the court to divide the land comprised in the trust so that the parties solely own different parts of it?

In an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), can the court make an order for...

16th Nov

Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim...

Produced in partnership with Desmond Kilcoyne 16th Nov

Precedents

Service charges—summary of tenants’ rights and obligations

Service charges—summary of tenants’ rights and obligations1This summary, which briefly sets out your rights and obligations in relation to variable...

16th Nov

Precedents

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954Tenant's request for a new business tenancyThese drafting notes are for...

16th Nov

Practice notes

Termination for breach of property contract

Termination for breach of property contractRescission can either mean a contract is discharged by breach, or that a contract is treated as if it never...

16th Nov

COVID-19

Q&As

An individual has had uninterrupted use of land for over 20 years but the use is then interrupted for a significant period (3–4 years). Would this interruption defeat a claim for a prescriptive easement? If it would not, is there a time limit within which the claim must be brought from the date of the interruption?

An individual has had uninterrupted use of land for over 20 years but the use is then interrupted for a significant period (3–4 years). Would this...

16th Nov

Practice notes

Release from landlord's covenants—LT(C)A 1995

Release from landlord's covenants—LT(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an...

16th Nov

Practice notes

Pre-action protocol—possession claims based on mortgage or home purchase plan arrears in respect of residential property

Pre-action protocol—possession claims based on mortgage or home purchase plan arrears in respect of residential propertyCoronavirus (COVID-19): During...

16th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

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...

16th Nov

Practice notes

Bringing a residential tenancy to an end in Scotland

Bringing a residential tenancy to an end in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice...

Produced in partnership with Gavin Deeprose of DLA Piper 16th Nov

Scottish Law

Q&As

Does section 3 of the Landlord and Tenant Act 1985 apply to assured shorthold tenancies?

Does section 3 of the Landlord and Tenant Act 1985 apply to assured shorthold tenancies?The Landlord and Tenant Act 1985 (LTA 1985) was originally a...

16th Nov

Practice notes

PACT—Professional Arbitration on Court Terms

PACT—Professional Arbitration on Court TermsProfessional Arbitration on Court Terms (PACT) is a joint initiative introduced in 1997 by the Royal...

16th Nov

Q&As

Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all other formal requirements under LTA 1987, ss 5 and 5A are satisfied?

Can a section 5A Notice under the Landlord and Tenant Act 1987 (LTA 1987) be signed by the landlord's agent using an electronic signature, where all...

Produced in partnership with Kate Andrews of Hamlins 16th Nov

Q&As

Can a declaration of ownership of a piece of land or adverse possession in the alternative be pleaded together?

Can a declaration of ownership of a piece of land or adverse possession in the alternative be pleaded together?One of the primary remedies sought by a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Nov

Q&As

Is there any way of enforcing a positive covenant (maintenance of a wall) against an adjoining land owner’s successor in title where in a subsequent conveyance of the adjoining land no obligation was placed on the successor in title to comply with the positive covenant?

Is there any way of enforcing a positive covenant (maintenance of a wall) against an adjoining land owner’s successor in title where in a subsequent...

16th Nov

Q&As