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Latest Property Disputes News

Senior Courts Costs Office guide updated—January 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Senior Courts Costs Office guide updated—January 2021

Forfeiture for unauthorised change of use to residential (Zash v Mayworth)

The following Property Disputes news provides comprehensive and up to date legal information on Forfeiture for unauthorised change of use to residential (Zash v Mayworth)

Agricultural Holdings Act 1986 succession tenancies—applying against the wrong landlord (Adams v Jones)

The following Property Disputes news provides comprehensive and up to date legal information on Agricultural Holdings Act 1986 succession tenancies—applying against the wrong landlord (Adams v Jones)

Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

The following Property Disputes news provides comprehensive and up to date legal information on Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

Featured Property Disputes content

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...

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...

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....

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...

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

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

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

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

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

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

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

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

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

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

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

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

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

In-house

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...

9th Nov

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...

9th Nov

Practice notes

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...

9th Nov

Most recent Disputes and remedies content

Practice notes

Which enforcement of judgment method should I choose?

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 Jan

Practice notes

Statements of truth

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 Jan

Practice notes

Enforcing a judgment or order for possession of land

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...

25th Jan

Q&As

Can a landowner whose field is flooded by water escaping from a neighbour's broken pipes bring a claim in nuisance, despite the Transco case stating that water pipes are not a non-natural use of land?

Nuisance claims can be broadly categorised into private nuisance (interference with the use/enjoyment of land causing injury), public nuisance (an...

22nd Jan

Q&As

When applying for a vacating court order to remove a historical charge against a property, is a normal application on Form N245 required or is it necessary to make a claim on Form N1 (under CPR Part 7) or a claim under CPR Part 8?

The Land Registry Practice Guide 63: Land Charges—applications for registration, official search, office copy and cancellation, outlines the procedure...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan

Q&As

A consent order provides that legal title to a jointly owned property is to be transferred from A and B to A, but A and B will both remain mortgagors. What procedure should be used to enforce the court order if B refuses to comply with the terms of it?

A and B have agreed, and that agreement is reflected in a consent order, that the legal title in a jointly held property will be transferred from A...

Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan

Q&As

Where a property is sold despite a registered notice relating to a charging order (which was not picked up by the buyer’s solicitor), but payment of the sum secured by the charging order is then subsequently made by the buyer’s solicitor (or insurer) to the person(s) with the benefit of the charging order, is that person with the benefit of the charging order still able to recover (in addition) against the original debtor (ie the seller)?

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...

22nd Jan

Q&As

What is the limitation period for a claim for damages by a tenant, where a landlord has disposed of the tenant’s goods, following forfeiture of the lease? Would the limitation period run from when the landlord disposed of the goods, or from when the tenant became aware of the disposal?

We have assumed for the purposes of this Q&A, that the Q&A relates to a potential claim by a former tenant in respect of goods left behind at a...

22nd Jan

Q&As

Can a charging order which is registered against the beneficial interest of a proprietor, who has since died and been removed from the title, be discharged by application of the remaining proprietor? Do the powers contained in section 114(4) of the Land Registration Rules 2003 apply as it seems unlikely the charge holder would agree to discharge the entry. If so, how is such an application made?

Where a judgment creditor wishes to secure the debt owed to them against property owned by the judgment debtor, they may do so by bringing an...

22nd Jan

Q&As

Where a developer has failed to refund the deposit and reservation fee to a buyer as required following the buyer rescinding a sale agreement, can a charge be secured against the development without the need for court proceedings or will the buyer require a County Court judgment before it can register a charge against the development?

Under CPR 73.2 and the Charging Orders Act 1979 (COA 1979), a judgment debt may be enforced by securing a charge over the judgment debtor’s land or...

22nd Jan

Q&As

A final charging order has been obtained and registered against the debtor’s property. Before applying for an order for sale, is it possible to apply to the court for an order to obtain information regarding the outstanding amount of a prior registered charge in respect of a loan between the debtor and his father, as no details are available on the Land Register and the parties to the loan will not disclose any information?

Charging ordersCivil Procedure Rules 1998 (CPR 1998), SI 1998/3132, Pt 73 makes provision for a judgment creditor to obtain a charging order over a...

Produced in partnership with Alex Campbell of Field Court Chambers 22nd Jan

Q&As

When is a document deemed served, for the purposes of a case within the First-Tier Tribunal (Property Chamber)? Do the provisions of the Civil Procedure Rules apply, and if so, what is the authority?

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...

Produced in partnership with Christopher Snell of New Square Chambers 22nd Jan

Q&As

Party A has died. A’s partner (not married to A nor in a civil partnership) has lived with A in A’s property for 20 years contributing around £100–£150 per week in cash towards food and some bills (but not towards the mortgage or general utilities) (the period for which such payments were made is not known). A’s executors require vacant possession to sell the property but A’s partner is refusing to leave. Does A’s partner have any rights over the property and, if not, what is the procedure for obtaining possession?

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...

Produced in partnership with Desmond Kilcoyne 22nd Jan

Q&As

An order for sale has been made to enforce a charging order against a debtor who owns the property subject to mortgage absolutely. Possession has been ordered by the court against the defendant by a date which has now expired. However, there are sitting tenants in the property (pre-dating the order) and the order for sale is without prejudice to their rights. What can the creditor do? Should a possession order be sought against the tenants and what would the procedure be?

Charging orders may be enforced by an order for sale of the charged property, following the process in CPR 73.10C and CPR PD 73 (paras 4.1–4.5)....

22nd Jan

Q&As

Is a mortgagee statute barred from bringing a claim for possession of residential property on the basis that the balance of an interest-only mortgage remains unpaid 12 years after the mortgage term expired? Or is it the case that payments made by the mortgagor constitute acknowledgments that would ‘re-start’ the limitation clock?

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...

22nd Jan

Q&As

If an option to purchase is exercised by notice, but no further action is taken by either party, can the grantee bring a claim for specific performance more than 12 years after the date of exercise of the option or is the grantee out of time?

This Q&A assumes that:•the grantor still owns the relevant land, unencumbered•the notice was validly served and gave rise to an unconditional and...

22nd Jan

Q&As

Can, and if so how, does a defendant stay a High Court claim, pending resolution of the recovery of costs of a Land Registry claim between the same parties, which was heard in the First-tier Tribunal and which was successful?

The court has the power to stay the whole or part of any proceedings or judgment either generally or until a specified date or event under CPR...

22nd Jan

Q&As

Can you apply for security by way of a charging order over land against an individual who is the beneficiary, to said property, under a Will?

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,...

22nd Jan

Q&As

Where the First-tier Tribunal (Property Chamber) is dealing with a contested application for a prescriptive easement: 1) Is there a usual order for costs, ie do costs follow the event, or is the usual order that each side bear their own costs? 2) The Tribunal have confirmed a date on which the applicant’s statement of case is due, and the respondent’s statement of case is due 28 days after receipt of the applicant’s statement of case—does this mean 28 days from the date confirmed by the Tribunal rather than 28 days from actual receipt of the applicant’s statement of case? 3) With prescriptive easements can the applicant rely on evidence from their predecessor in title?

A prescriptive easement is an easement the right to which has been acquired by use without force, secrecy or licence for a period of at least 20...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

Do Upper Tribunal (Lands Chamber) decisions have binding precedent effect?

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...

22nd Jan