Enforcing security and property insolvency

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Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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12th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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12th Oct
Practice notes
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...
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9th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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2nd Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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30th Sep
Practice notes
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...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
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26th Sep
Practice notes
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...
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25th Sep
Practice notes
This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...
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25th Sep
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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25th Sep
Practice notes
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...
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25th Sep
Practice notes
This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....
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25th Sep

Most recent Enforcing security and property insolvency content

Practice notes
The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to appoint an LPA receiver. This right may alternatively (and more...
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25th Sep
Practice notes
Receivers—backgroundReceivers have been a recognised in English law as a remedy available to creditors and others wishing to protect their interest in...
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25th Sep
Practice notes
A tenant’s liabilities under the lease come to an end upon disclaimer by a liquidator or a trustee in bankruptcy, but the liability of other parties,...
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25th Sep
Practice notes
DissolutionA company is dissolved (or deemed dissolved) following:•liquidation•administration•striking off its name off the register by the Registrar...
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25th Sep
Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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25th Sep
Practice notes
Stop pressThis content is affected by the Companies etc (Filing Requirements) (Temporary Modifications) Regulations 2020, SI 2020/645, which came into...
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25th Sep
Practice notes
In addition to ensuring its security has been validity created and perfected, a secured party will want to ensure its security ranks as it expects...
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25th Sep
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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25th Sep
Practice notes
This Practice Note provides guidance in obtaining official copies of the entries on the title of a property registered at HM Land Registry (commonly...
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25th Sep
Practice notes
Security over land can be taken by way of mortgage or charge with the appropriate form often depending on the significance of the land to the...
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25th Sep
Practice notes
Bankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as reasonably...
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25th Sep
Practice notes
Transactions at an undervalueA transaction at an undervalue is a transaction which is made by a debtor:•by way of gift or otherwise for no...
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25th Sep
Practice notes
What is a DRO?DROs are 'a new and simplified way of wiping the slate clean for debtors who are too poor to go bankrupt.'A DRO is made in respect of...
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25th Sep
Practice notes
Disclaimer under the Insolvency Act 1986 (IA 1986) by either a liquidator or a trustee in bankruptcy (trustee) has the following effects:•it operates...
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25th Sep
Practice notes
This Practice Note considers the disclaimer by liquidators of contracts (often a sale agreement or transfer) containing overage provisions, in the...
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25th Sep
Practice notes
The receiver’s dutyThe duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a mortgagor:•in...
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25th Sep
Practice notes
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...
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25th Sep
Practice notes
In this Practice Note, ‘borrower’ and ‘mortgagor’ are used interchangeably, as are ‘lender’ and ‘mortgagee’. This Practice Note also applies to fixed...
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25th Sep
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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25th Sep
Practice notes
This Practice Note considers some issues that may arise in the context of the enforcement of security by the appointment of a receiver over property...
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25th Sep

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