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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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...
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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...
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A 2010) applies where a landlord of a mortgaged property grants a residential...
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...
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
The general prohibitionResidential mortgages provided in the course of a business potentially fall within the Financial Services and Markets Act 2000...
The interest of the parents under the trust can take effect only in equity. Assuming that:•the property being purchased is registered land•the legal...
The mortgagor has two types of right to redeem the mortgage. First, the legal right to redeem: the contractual right recognised at law to redeem the...
Where a lender makes a secured loan, this will be governed by section 20 of the Limitation Act 1980 (LA 1980), in addition to LA 1980, ss 5 and 8 (a...
When a mortgagor dies, the mortgage is not extinguished. The monthly mortgage repayments are still due to the mortgagee, and the mortgagee is entitled...
We have assumed that the estate road is not a public highway, and adoption of the road by the Highways Authority is not considered.Initial entitlement...
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...
A mortgagee has a number of powers or rights arising under the mortgage or by statute. These include the following:•the power to redeem the mortgage,...
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