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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 Disputes and remedies content

Practice notes

Expert determination

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...

25th Sep

Practice notes

Securities and funds in court—charging orders, stop orders and stop notices

This Practice Note is relevant if you are seeking to preserve the status quo and prevent (or be given notice of an intended) disposition of securities...

25th Sep

Practice notes

Charging orders—hearing to determine whether to make an interim charging order final

This Practice Note considers the procedure in relation to obtaining charging orders pursuant to the revised CPR 73 and CPR PD 73 in effect as from 6...

25th Sep

Practice notes

Charging orders—procedure in non-CCMCC cases

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

25th Sep

Practice notes

Charging orders—partners and partnership property

Charging orders can be sought over land or securities of the judgment debtor—see Practice Note: Charging orders—what are they and when to use them—CPR...

25th Sep

Practice notes

Pre-6 April 2016—procedure for obtaining interim and final charging orders

NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.It sets out the procedure in force prior to 6 April 2016 for obtaining a charging order,...

25th Sep

Practice notes

Regulation of letting and estate agents

Estate agentsEstate Agents Act 1979The statutory definition of 'estate agency work' means that:•a person is regulated as an 'estate agent' under the...

25th Sep

Practice notes

Limitation—the principal limitation periods

The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...

25th Sep

COVID-19

In-house

Practice notes

Applying to vary or discharge a charging order

This Practice Note considers how to apply to vary or discharge a charging order pursuant to CPR 73.10B in force as of 6 April 2016.How do the 6 April...

25th Sep

Practice notes

The effect of tax on the quantum of damages

This Practice Note considers the effect of tax considerations when a court decides how much to award a claimant as damages for a financial loss.The...

25th Sep

Practice notes

Enforcement of consumer protection laws under the Consumer Rights Act 2015

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...

25th Sep

Practice notes

A guide to the Arbitration Act 1996 (AA 1996)

For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient...

Produced in partnership with Stephenson Harwood 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

TOLATA 1996—when to use Part 7 and when to use Part 8

This Practice Note explains the distinction between Parts 7 and 8 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 in relation to claims brought...

25th Sep

Practice notes

TOLATA 1996—when to issue in the County Court and when to issue in the High Court

This Practice Note explains the distinction between the County Court and the High Court in relation to claims brought under the Trusts of Land and...

25th Sep

Practice notes

TOLATA 1996—pre-action matters

Pre-action protocolThere is no specific pre-action protocol relating to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...

25th Sep

Practice notes

Charging orders—how and where to apply

This Practice Note sets out how to apply for a charging order pursuant to CPR 73 and CPR PD 73.It sets out how to make an application, in terms...

25th Sep

Practice notes

Private nuisance—general principles

Private nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a person's use or enjoyment of land or...

25th Sep

Practice notes

TOLATA 1996—Part 36 offers

What is a Part 36 offer?A Part 36 offer is an offer to settle a claim, counterclaim or other additional claim (or any part or issue thereof) or an...

25th Sep

Practice notes

TOLATA 1996—occupation rent

An order may be made for the payment of an occupation rent where one party leaves a property owned beneficially by both parties and the other remains...

25th Sep