Enforcing security and property insolvency

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The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

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...

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...

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...

Trespass—remedies

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

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

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

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

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

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

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

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

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

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

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

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

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

Precedents

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...

9th Nov

Practice notes

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....

9th Nov

COVID-19

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...

9th Nov

Practice notes

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...

9th Nov

COVID-19

In-house

Most recent Enforcing security and property insolvency content

Practice notes

Retail sector insolvency—use of CVAs

Retail sector insolvency—use of CVAsIntroduction to company voluntary arrangements (CVAs)A CVA is a tool available to a company in financial...

Produced in partnership with Cathryn E Williams of Crowell & Moring LLP 14th May

Practice notes

Pre-packs—landlords’ issues and remedies

Pre-packs—landlords’ issues and remediesCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...

14th May

Practice notes

Insolvency for property disputes lawyers

Insolvency for property disputes lawyersCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...

13th May

Practice notes

Corporate Insolvency and Governance Act 2020—moratorium

Corporate Insolvency and Governance Act 2020—moratoriumThe Corporate Insolvency and Governance Act (CIGA 2020) inserted Part A1 into the Insolvency...

12th May

COVID-19

Practice notes

Escheat, bona vacantia and disclaimer by the Crown

EscheatParamount lordship of the CrownThe principle which underlies the doctrine of escheat is a remnant of the feudal system of land tenure. Under...

7th May

Q&As

A leaseholder company was dissolved, and the property and rights vested in it passed to the Crown (bona vacantia). In reference to this: (1) can the landlord claim possession of the leased property and if so, how?; and (2) can the landlord claim money owed to it under the lease, and if so how and from who?

The dissolution of a limited company results in its property (which includes leasehold interests) vesting in the Crown as bona vacantia (section 1012...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th May

Practice notes

Corporate Insolvency and Governance Act 2020—restructuring plan provisions

Spurred on by the coronavirus (COVID-19) pandemic, the government pushed through the Corporate Insolvency and Governance Act 2020 (CIGA 2020). The...

5th May

COVID-19

Practice notes

Voluntary liquidation

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....

29th Apr

Practice notes

Compulsory liquidation

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....

29th Apr

Practice notes

Quick guide to where to issue common property dispute applications

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

29th Apr

Q&As

Where a company in liquidation owns both the freehold and a sublease of a property, can the liquidator disclaim the sublease without disclaiming the freehold?

Liquidators are able to disclaim onerous property (see section 178 of Insolvency Act 1986 (IA 1986)). The liquidator may disclaim unprofitable...

29th Apr

Q&As

In the sale of a property by a mortgagee, how can the buyer ensure that the former mortgagor vacates the property prior to completion. Do they have an overriding interest (ie actual occupation) and can it be overreached?

Overriding interestsAn overriding interest is an interest in property which amounts to an exception to the general rule that in respect of registered...

27th Apr

Practice notes

Obtaining Official Copies from HM Land Registry

This Practice Note provides guidance in obtaining official copies of the entries on the title of a property registered at HM Land Registry (commonly...

26th Apr

Practice notes

Mortgages—multiple fixed charges and insufficient equity

In this Practice Note, ‘borrower’ and ‘mortgagor’ are used interchangeably, as are ‘lender’ and ‘mortgagee’. This Practice Note also applies to fixed...

Produced in partnership with Peter Levaggi of Charles Russell Speechlys LLP 16th Apr

Practice notes

Preventing strike off and dissolution

This Practice Note considers the striking off of a company from the register of companies and how to deal with this in the context of a receivership...

Produced in partnership with Katrina Mather of Hardwicke Chambers 9th Apr

Practice notes

Guide to insolvency in the retail sector

This Practice Note provides a brief summary of the retail landscape and highlights some of the key legal and practical issues facing office-holders...

Produced in partnership with Carolyn Jones 9th Apr

COVID-19

Practice notes

CVAs—landlord issues and remedies

What is a CVA?A company voluntary arrangement (CVA) is an arrangement between a company and its creditors, supervised by an IP (who is known as the...

9th Apr

Practice notes

When can you wind-up a company when the debt is disputed?

It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial...

Produced in partnership with Kate Rogers of St Philips Chambers 9th Apr

Practice notes

Overreaching by a mortgagee

Overreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from charges and encumbrances...

Produced in partnership with Amanda Eilledge of Hardwicke Chambers 9th Apr

Practice notes

Receivers appointed by statute, including LPA receivers

Receivers—backgroundReceivers have been a recognised in English law as a remedy available to creditors and others wishing to protect their interest in...

Produced in partnership with John Hughes of Shakespeare Martineau LLP 9th Apr