Enforcing mortgages and charges

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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
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
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
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
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
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
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
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
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
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
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 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
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
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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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
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Enforcing mortgages and charges content

Practice notes
Overreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from charges and encumbrances...
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Produced in partnership with Amanda Eilledge of Hardwicke Chambers 9th Apr
Practice notes
The terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not. Both are security for the...
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8th Apr
Practice notes
Repayment covenantA claim under the repayment covenant in the principal mortgage can be made against any covenantor, whether principal or surety....
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8th Apr
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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8th Apr
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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8th Apr
Practice notes
The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A 2010) applies where a landlord of a mortgaged property grants a residential...
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8th Apr
Practice notes
The general prohibitionResidential mortgages provided in the course of a business potentially fall within the Financial Services and Markets Act 2000...
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8th Apr
Practice notes
Joint and several liabilityWhere a covenant is given by two or more persons, they may be liable:•jointly•severally, or•jointly and severallyThe...
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8th Apr
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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8th Apr
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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Produced in partnership with Peter Levaggi of Charles Russell Speechlys LLP 8th Apr
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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8th Apr
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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8th Apr
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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30th Mar
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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Produced in partnership with Jonathan Titmuss of Hardwicke 18th Mar
Practice notes
This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...
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12th Mar
Q&As
This Q&A assumes that:•the property is residential•the mortgage is not a consumer credit agreementSubject to the terms of the mortgage, a legal...
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10th Mar
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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10th Mar
Practice notes
So long as the equity of redemption remains vested in the mortgagor, the mortgagee may not sell the property except under an express or implied power...
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25th Feb
Q&As
Duty of the receiverThe equitable duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a...
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15th Feb

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