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Latest Property Disputes News

Enforcement of First-tier Tribunal decisions (Termhouse (Clarendon Court) Management v Al-Blahaa)

Enforcement of First-tier Tribunal decisions (Termhouse (Clarendon Court) Management v Al-Blahaa)

The following Property Disputes news provides comprehensive and up to date legal information on Enforcement of First-tier Tribunal decisions (Termhouse (Clarendon Court) Management v Al-Blahaa)

Cladding Crisis—finally, a workable solution or more empty promises?

Cladding Crisis—finally, a workable solution or more empty promises?

The following Construction news provides comprehensive and up to date legal information on Cladding Crisis—finally, a workable solution or more empty promises?

An expensive endeavours obligation—£13.4m cautionary case for landowners, developers and contractors (Brooke Homes (Bicester) Ltd v Portfolio Property Partners)

An expensive endeavours obligation—£13.4m cautionary case for landowners, developers and contractors (Brooke Homes (Bicester) Ltd v Portfolio Property Partners)

An expensive endeavours obligation—£13.4m cautionary case for landowners, developers and contractors (Brooke Homes (Bicester) Ltd v Portfolio Property Partners)

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

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)

Featured Property Disputes content

Mortgagee in possession

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 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’ 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 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...
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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...
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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...
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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...
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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...
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16th Nov
tag iconCOVID-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...
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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...
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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...
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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...
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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...
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Produced in partnership with Gavin Deeprose of DLA Piper 16th Nov
tag iconScottish 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...
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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...
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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...
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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...
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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...
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16th Nov
Q&As

Are party wall awards personal to the parties, or do they bind successors in title?

Are party wall awards personal to the parties, or do they bind successors in title?Section 20 of the Party Wall etc. Act 1996 defines the building...
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16th Nov

Popular documents

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt, with reference to CPR 72. The order directs a third party who owes money to the judgment debtor to pay that

Fraud by false representation

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating

Dawn raid—who can raid my organisation and why?

Dawn raid—who can raid my organisation and why?

Dawn raid—who can raid my organisation and why?IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional