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Latest Property Disputes News

Property Disputes weekly highlights—23 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—23 September 2021

Cladding remediation—where are we?

The following Construction news provides comprehensive and up to date legal information on Cladding remediation—where are we?

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

The following Banking & Finance news provides comprehensive and up to date legal information on Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Featured Property Disputes content

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....

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

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...

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...

19th May

Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...

Produced in partnership with Desmond Kilcoyne 19th May

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...

Produced in partnership with Kate Andrews of Hamlins 19th May

Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...

19th May

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...

19th May

Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

19th May

Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...

Produced in partnership with Alex Campbell of Arden Chambers 19th May

Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...

19th May

Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...

19th May

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...

19th May

Practice notes

Commercial rent arrears recovery (CRAR)

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

19th May

COVID-19

Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May

Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...

19th May

Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

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?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...

Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...

19th May

Most recent Electronic Communications content

Practice notes

Vacant possession strategy for redevelopment

Vacant possession strategy for redevelopmentCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in...

Produced in partnership with Jill Carey of Freeths 22nd Sep

Practice notes

Quick guide to where to issue common property dispute applications

Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...

18th Aug

Q&As

A telecoms provider is holding over under a protected tenancy. The rent in the expired lease was expressed to be reviewable annually with RPI. Can RPI rent reviews be carried out in the holding over period or does the rent remain at the rate it was in the year the lease expired?

A telecoms provider is holding over under a protected tenancy. The rent in the expired lease was expressed to be reviewable annually with RPI. Can RPI...

10th Aug

Q&As

Does the new Electronic Communications Code apply where non-Code operators are granted a lease? And if it does not, would the previous Code apply to the agreement or is it simply a Landlord and Tenant Act 1954 lease?

Does the new Electronic Communications Code apply where non-Code operators are granted a lease? And if it does not, would the previous Code apply to...

10th Aug

Q&As

Does the new Electronic Communications Code govern the relationship between ‘Code operators’ and non-Code operators, who are sharing a site/apparatus? If not, what provisions will govern this relationship?

Does the new Electronic Communications Code govern the relationship between ‘Code operators’ and non-Code operators, who are sharing a site/apparatus?...

10th Aug

Q&As

An operator has an agreement under the Electronic Communications Code with Landowner A (on whose land telecoms equipment is situated). Landowner B, A's neighbour, is planning to redevelop its land. The redevelopment will affect the operator's network both during and after construction. B has not served a paragraph 20 notice on the operator. What steps can the operator take to avoid interruption to its network? Can the operator claim its costs of relocation from B?

An operator has an agreement under the Electronic Communications Code with Landowner A (on whose land telecoms equipment is situated). Landowner B,...

10th Aug

Q&As

Does the new Electronic Communications Code apply to a supply agreement to provide broadband directly to the freehold owner of a site?

Does the new Electronic Communications Code apply to a supply agreement to provide broadband directly to the freehold owner of a site?The new...

10th Aug

Q&As

Can a landowner require a telecoms provider to remove fibre optic cables affecting a proposed development where there is no wayleave in place?

Can a landowner require a telecoms provider to remove fibre optic cables affecting a proposed development where there is no wayleave in place?The...

10th Aug

Q&As

How can a landowner terminate a lease or agreement protected under the new Electronic Communications Code? Can it claim compensation?

How can a landowner terminate a lease or agreement protected under the new Electronic Communications Code? Can it claim compensation?Where a lease or...

10th Aug

Q&As

Where an operator occupies under a Landlord and Tenant Act 1954 (LTA 1954) statutory continuation lease, in respect of electronic communications apparatus, which was granted prior to the new Code coming into force on 28 December 2017, and an unopposed section 25 notice has been served, must the operator have the terms of the new lease decided through LTA 1954 proceedings, or can they use the new Code procedure and accordingly benefit from the ‘no scheme’ rent valuation?

Where an operator occupies under a Landlord and Tenant Act 1954 (LTA 1954) statutory continuation lease, in respect of electronic communications...

10th Aug

Q&As

Under paragraph 20(8) of the previous Electronic Communications Code a site provider could be required to pay costs of removal of operator’s apparatus on exercising paragraph 20 rights to alter the apparatus based on proposed improvements. Could those costs be recovered through the service charge paid by residential tenants of a block of flats where the improvement relates to repairs to the roof?

Under paragraph 20(8) of the previous Electronic Communications Code a site provider could be required to pay costs of removal of operator’s apparatus...

10th Aug

Q&As

In relation to the new Electronic Communications Code, is there a benefit to using a lease, as opposed to a contractual licence or a wayleave, as the vehicle to grant code rights and document the agreement between the parties? If so, what is the basis of the tenancy created?

In relation to the new Electronic Communications Code, is there a benefit to using a lease, as opposed to a contractual licence or a wayleave, as the...

Produced in partnership with Nic Taggart & Myriam Stacey of Landmark Chambers 10th Aug

Q&As

If a site provider (who is not an operator) installs fibre optic cable over their land and grants an operator a right to use that cable only, with no other rights to install their own equipment etc, would that agreement fall outside the Code?

If a site provider (who is not an operator) installs fibre optic cable over their land and grants an operator a right to use that cable only, with no...

10th Aug

Q&As

Where a ten-year lease of a telecommunications mast expired in 2018 and the telecommunications operator is holding over, is the current status of the lease (and any negotiation for a new lease) governed by the Landlord and Tenant Act 1954 or by the new Electronic Communications Code?

Where a ten-year lease of a telecommunications mast expired in 2018 and the telecommunications operator is holding over, is the current status of the...

Produced in partnership with Alexander Campbell of Field Court Chambers 10th Aug

Q&As

Is there a prescribed form of notice to be served by landowners on operators under paragraphs 20 and 21 of the Electronic Communications Code? Do you have any precedents?

Is there a prescribed form of notice to be served by landowners on operators under paragraphs 20 and 21 of the Electronic Communications Code? Do you...

10th Aug

Q&As

A local authority has received a general approach from an internet provider, which is described as an application for wayleave consent, although no details regarding any specific land or property affected by the request have been provided. Are there any grounds on which a landowner can resist such a blanket request and can a landowner insist that further detailed information regarding the proposed locations are provided? What rights could the internet provider seek under the new Electronic Communications Code?

A local authority has received a general approach from an internet provider, which is described as an application for wayleave consent, although no...

10th Aug

Q&As

What form of security of tenure governs a lease with a telecommunications provider granted in 1998, which makes no reference to any telecoms code and expired in 2018? How can such a lease be terminated?

What form of security of tenure governs a lease with a telecommunications provider granted in 1998, which makes no reference to any telecoms code and...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

Q&As

Where a landowner is required to enter into a lease for a substation on its land for the sole benefit of adjoining land, is there any requirement under electricity legislation for the network operator to be reasonable in negotiating the lease terms with my client? On what basis could my client seek redress to Ofgem if the network operator was not?

Where a landowner is required to enter into a lease for a substation on its land for the sole benefit of adjoining land, is there any requirement...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

Q&As

Where a telecoms operator has an agreement with a freehold owner of land to lay cables to a specific building, what consequences arise if the cables are laid on a different part of the land which is already subject to a lease and which is outside the agreed route for the cables?

Where a telecoms operator has an agreement with a freehold owner of land to lay cables to a specific building, what consequences arise if the cables...

10th Aug

Q&As

The new Electronic Communication Code includes a right, at 3(h), to ‘interfering or obstructing a means of access to or from land, whether or not the electronic communications apparatus is on that land (although only if the occupier of any other land is bound by a Code right)’. Would this Code right extend to access over land which is owned by a third party? The telecommunication site is located within a compound owned by A, but access (and parking) is outside this compound on land owned by B. Can B be bound by this Code right?

The new Electronic Communication Code includes a right, at 3(h), to ‘interfering or obstructing a means of access to or from land, whether or not the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

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Electronic Communications

View Property Disputes by content type:

Latest Property Disputes News

Property Disputes weekly highlights—23 September 2021

Cladding remediation—where are we?

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

End of insolvency temporary provisions—introduction of new temporary provisions

Featured Property Disputes content

Specific performance of property agreements

Notice to complete

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

Service charges—summary of tenants’ rights and obligations

Most recent Electronic Communications content

Popular documents

Contract variation

Forming enforceable contracts—consideration

Robbery

Discharge by frustration

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