Disclaimer, dissolution and bona vacantia

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Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
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...
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9th Nov
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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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
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...
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9th Nov
Precedents
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...
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9th Nov
Practice notes
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....
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9th Nov
Practice notes
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...
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9th Nov
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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9th Nov

Most recent Disclaimer, dissolution and bona vacantia content

Practice notes
What is considered onerous property or contracts?DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee...
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15th May
Practice notes
Liquidators disclaiming contracts containing overageThis Practice Note considers the disclaimer by liquidators of contracts (often a sale agreement or...
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Produced in partnership with Carolyn Jones 15th May
Practice notes
The process of disclaimer by a liquidator or trustee in bankruptcy under sections 178 or 315 of the Insolvency Act 1986This Practice Note covers the...
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Produced in partnership with Robert Hantusch of Three Stone 15th May
Practice notes
The effect of disclaimer by a liquidator or trustee in bankruptcy on property and third partiesDisclaimer under the Insolvency Act 1986 (IA 1986) by...
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Produced in partnership with Robert Hantusch of Three Stone 15th May
Practice notes
Preventing strike off and dissolutionThis Practice Note considers the striking off of a company from the register of companies and how to deal with...
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Produced in partnership with Katrina Mather of Hardwicke Chambers 15th May
Practice notes
Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
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Produced in partnership with Katrina Mather of Hardwicke Chambers 15th May
Practice notes
EscheatParamount lordship of the CrownThe principle which underlies the doctrine of escheat is a remnant of the feudal system of land tenure. Under...
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7th May
Q&As
Liquidators are able to disclaim onerous property (see section 178 of Insolvency Act 1986 (IA 1986)). The liquidator may disclaim unprofitable...
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29th Apr
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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8th Apr
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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8th Apr
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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8th Apr
Q&As
When a company is dissolved, all property and rights vested in or held on trust for a company immediately before dissolution are deemed to be bona...
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22nd Jan
Q&As
Sections 76–78 of the Building Act 1984 (BA 1984) contain provisions allowing local authorities to require certain classes of people to take action to...
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22nd Jan

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