Enforcing mortgages and charges

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Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)

The following Private Client news provides comprehensive and up to date legal information on Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Property Disputes weekly highlights—8 April 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—8 April 2021

Restructuring plan meetings convened on tight timetable in face of strong landlord opposition (Re Virgin Active Holdings Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on Restructuring plan meetings convened on tight timetable in face of strong landlord opposition (Re Virgin Active Holdings Ltd)

Featured Property Disputes content

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Claims for use and occupation, mesne profits, double rent and double value

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...

Specific performance of property agreements

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....

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

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...

Practice notes

Void contracts

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...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

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...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

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...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

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...

9th Nov

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

In-house

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

9th Nov

Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

Practice notes

Rights of light claims

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

9th Nov

Most recent Enforcing mortgages and charges content

Practice notes

Overreaching by a mortgagee

Overreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from charges and encumbrances...

Produced in partnership with Amanda Eilledge of Hardwicke Chambers 9th Apr

Practice notes

Legal mortgages and legal charges

The terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not. Both are security for the...

8th Apr

Practice notes

Collateral securities—mortgagee's remedies

Repayment covenantA claim under the repayment covenant in the principal mortgage can be made against any covenantor, whether principal or surety....

8th Apr

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

8th Apr

Practice notes

Applying the proceeds of sale

Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...

8th Apr

Practice notes

Statutory Protection against mortgage repossession for residential tenants

The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A 2010) applies where a landlord of a mortgaged property grants a residential...

8th Apr

Practice notes

Mortgages in breach of the Financial Services and Markets Act 2000

The general prohibitionResidential mortgages provided in the course of a business potentially fall within the Financial Services and Markets Act 2000...

8th Apr

Practice notes

Co-debtors—joint and several liability from a property perspective

Joint and several liabilityWhere a covenant is given by two or more persons, they may be liable:•jointly•severally, or•jointly and severallyThe...

8th Apr

Practice notes

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...

8th Apr

Practice notes

Mortgages—multiple fixed charges and insufficient equity

In this Practice Note, ‘borrower’ and ‘mortgagor’ are used interchangeably, as are ‘lender’ and ‘mortgagee’. This Practice Note also applies to fixed...

Produced in partnership with Peter Levaggi of Charles Russell Speechlys LLP 8th Apr

Practice notes

Enforcement—security over land

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...

8th Apr

Practice notes

Priority between security interests

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...

8th Apr

Practice notes

Obtaining Official Copies from HM Land Registry

This Practice Note provides guidance in obtaining official copies of the entries on the title of a property registered at HM Land Registry (commonly...

30th Mar

Practice notes

Enforcement issues for trust property

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...

Produced in partnership with Jonathan Titmuss of Hardwicke 18th Mar

Practice notes

Quick guide to common time limits for property disputes lawyers

This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...

12th Mar

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 property is residential•the mortgage is not a consumer credit agreementSubject to the terms of the mortgage, a legal...

10th Mar

Practice notes

Pre-action protocol—possession claims based on mortgage or home purchase plan arrears in respect of residential property

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

10th Mar

Q&As

What are the relevant pre-action protocols and procedures for obtaining possession and then sale of a property? Our client has a registered charge, which was given by consent by the debtor and the debtor has failed to pay under the terms of the agreement

The nature of the chargeOur Practice Note: Taking security over land identifies the different types of security that may be voluntarily given,...

4th Mar

Practice notes

Mortgagee’s 'self-help' power of sale

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...

25th Feb

Q&As