Property insolvency

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Latest Property Disputes News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

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...

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...

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...

Trespass—remedies

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

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

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

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

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

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

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

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

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

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

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

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

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

Precedents

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...

9th Nov

Practice notes

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....

9th Nov

COVID-19

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

COVID-19

In-house

Most recent Property insolvency content

Practice notes

Insolvency for property disputes lawyers

Insolvency for property disputes lawyersCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...

15th May

Practice notes

What do insolvency searches at The Gazette reveal?

What do insolvency searches at The Gazette reveal?What is The Gazette?The Gazette provides a permanent official public record of important statutory...

15th May

Practice notes

Role, powers, functions and duties of an LPA or fixed charge receiver

Role, powers, functions and duties of an LPA or fixed charge receiverPowers—generalThe statutory powers conferred on an LPA/fixed charge receiver are...

Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th May

Practice notes

Personal insolvency for dispute resolution practitioners: individual voluntary arrangements (IVAs)

Personal insolvency for dispute resolution practitioners: individual voluntary arrangements (IVAs)This Practice Note contains a summary of individual...

15th May

Practice notes

Best price reasonably obtainable—what it means for receivers

Best price reasonably obtainable—what it means for receiversThe receiver’s dutyThe duty owed by a receiver to a mortgagor when selling a property is...

Produced in partnership with Steve Innes of 4 New Square 15th May

Practice notes

Bankruptcy searches

Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...

15th May

Practice notes

Debt relief orders (DROs)

Debt relief orders (DROs)IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

Produced in partnership with Simon Passfield of Guildhall Chambers 15th May

Practice notes

Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitions

Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitionsWhat is the background to the...

15th May

COVID-19

Practice notes

Pre-packs—landlords’ issues and remedies

Pre-packs—landlords’ issues and remediesCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...

15th May

Practice notes

Lifting the administration moratorium—appointment of fixed charge receiver

Lifting the administration moratorium—appointment of fixed charge receiverThis Practice Note considers the interaction between the statutory...

Produced in partnership with Carolyn Jones 15th May

Practice notes

Rent deposit deed—effect of insolvency

Rent deposit deed—effect of insolvencyGeneralIt is a common feature of commercial leases that a rent deposit is paid to be held either by the landlord...

15th May

Practice notes

Social housing administration

Social housing administrationInsolvency of private not-for-profit registered providers of social housingThe social housing sector in England is...

Produced in partnership with Eleanor James of Trowers & Hamlins LLP 15th May

Practice notes

Retail sector insolvency—use of CVAs

Retail sector insolvency—use of CVAsIntroduction to company voluntary arrangements (CVAs)A CVA is a tool available to a company in financial...

Produced in partnership with Cathryn E Williams of Crowell & Moring LLP 15th May

Practice notes

What do insolvency searches at Companies House reveal?

What do insolvency searches at Companies House reveal?What is Companies House?Companies House is a registry of corporate information. It falls under...

15th May

Practice notes

Effect of appointment of LPA or fixed charge receiver on property

Effect of appointment of LPA or fixed charge receiver on propertyImpact of appointmentThe effect of the appointment of an LPA/fixed charge receiver is...

Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th May

Practice notes

Corporate Insolvency and Governance Act 2020—restructuring plan provisions

Corporate Insolvency and Governance Act 2020—restructuring plan provisionsSpurred on by the coronavirus (COVID-19) pandemic, the government pushed...

15th May

COVID-19

Practice notes

Guide to insolvency in the retail sector

Guide to insolvency in the retail sectorThis Practice Note provides a brief summary of the retail landscape and highlights some of the key legal and...

Produced in partnership with Carolyn Jones 15th May

COVID-19

Practice notes

Corporate Insolvency and Governance Act 2020—impact on CVAs

Corporate Insolvency and Governance Act 2020—impact on CVAsOn 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) came into...

15th May

Practice notes

Corporate Insolvency and Governance Act 2020—moratorium

Corporate Insolvency and Governance Act 2020—moratoriumThe Corporate Insolvency and Governance Act (CIGA 2020) inserted Part A1 into the Insolvency...

15th May

COVID-19

Practice notes

Lifting the administration moratorium—for forfeiture

Lifting the administration moratorium—for forfeitureThis Practice Note considers the interaction between the statutory moratorium under Schedule B1 to...

Produced in partnership with Carolyn Jones 15th May