Enforcing mortgages and charges

View Property Disputes by content type:

Latest Property Disputes News

Featured Property Disputes content

Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
Read More >
19th May
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...
Read More >
19th May
Precedents
To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...
Read More >
19th May
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...
Read More >
Produced in partnership with Desmond Kilcoyne 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...
Read More >
19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
Read More >
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...
Read More >
Produced in partnership with Alex Campbell of Arden Chambers 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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 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...
Read More >
19th May

Most recent Enforcing mortgages and charges content

Q&As
Can a mortgagee issue a claim for possession where there is no outstanding capital balance only arrears of interest?This Q&A assumes that:•the...
Read More >
1st Aug
Q&As
Can obligations be protected with a legal charge if there is no monetary value in the obligation being secured?In Santley v Wilde, Lindley M.R....
Read More >
Produced in partnership with Desmond Kilcoyne 1st Aug
Q&As
Does a lender with a statutory power of sale need to issue court proceedings in order to obtain possession of the premises or can the property be sold...
Read More >
1st Aug
Q&As
What are the consequences of a claimant's particulars of claim in a mortgage possession claim omitting some of the information required by CPR 55?...
Read More >
1st Aug
Q&As
If you have a legal charge over a commercial premises, do you need to issue possession proceedings or can you obtain possession via bailiffs without a...
Read More >
1st Aug
Q&As
Under the Leasehold Reform Act 1967, can a mortgagee in possession apply to a landlord for a lease extension in order to recover the monies lent to...
Read More >
1st Aug
Q&As
What is the procedure for a mortgagee in possession to seek permission to pay surplus monies into court, having exercised its power of sale following...
Read More >
1st Aug
Q&As
Can a receiver appointed by a lender by virtue of a charge, bring CPR 55 possession proceedings against the borrower who is occupying the property? If...
Read More >
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 1st Aug
Q&As
Can a mortgagee in possession grant a long residential lease to a purchaser?A mortgagee has a number of powers or rights arising under the mortgage or...
Read More >
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 1st Aug

Popular documents