Disclaimer, dissolution and bona vacantia

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Q&As
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...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
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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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
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...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
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...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
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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19th May
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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19th May
Q&As
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...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
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...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Disclaimer, dissolution and bona vacantia content

Practice notes
Liability of subtenant when a lease is disclaimedA tenant’s liabilities under the lease come to an end upon disclaimer by a liquidator or a trustee in...
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18th Aug
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...
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18th Aug
Q&As
If a head leasehold title is disclaimed and the Land Registry closes the disclaimed title, what effect does this have on any subservient subleases...
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18th Aug
Q&As
Where a notice of disclaimer is received from the official receiver (acting as trustee in bankruptcy) by a landlord more than seven business days...
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18th Aug
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 Gatehouse Chambers 18th Aug
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 Gatehouse Chambers 18th Aug
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 18th Aug
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 18th Aug
Q&As
Where the named manager in a tripartite lease is dissolved, do its rights and obligations under the terms of the lease pass to the Crown as bona...
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Produced in partnership with Oliver Park of Charles Russell Speechlys 10th Aug

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