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Property insolvency

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Latest Property Disputes News

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Property Disputes weekly highlights—16 September 2021

Property Disputes weekly highlights—16 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—16 September 2021

UK parking nightmare—what is happening with NCP’s restructuring plan?

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property Disputes content

Specific performance of property agreements

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....

Notice to complete

Notice to complete

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

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

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...

Service charges—summary of tenants’ rights and obligations

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...
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19th May
Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

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...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
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...
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19th May
Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

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...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes

Interim rent

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...
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19th May
Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
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...
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19th May
Practice notes

Commercial rent arrears recovery (CRAR)

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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19th May
tag iconCOVID-19
Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

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...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

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...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May
Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...
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19th May

Most recent Property insolvency content

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...
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16th Sep
tag iconCOVID-19
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...
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14th Sep
tag iconCOVID-19
Q&As

An LPA receiver is offering a property for sale in an auction. The LPA receiver has received an offer 30% above the guide price. Is the LPA receiver required to accept the offer pre-auction?

An LPA receiver is offering a property for sale in an auction. The LPA receiver has received an offer 30% above the guide price. Is the LPA receiver...
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13th Sep
Practice notes

Property law aspects of Company Voluntary Arrangements (CVAs)

Property law aspects of Company Voluntary Arrangements (CVAs)What is a CVA?A company voluntary arrangement (CVA) is an insolvency process that allows...
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Produced in partnership with Matthew Ditchburn and Tim Reid of Hogan Lovells International LLP 8th Sep
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...
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6th Sep
Practice notes

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
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3rd Sep
Practice notes

Debt relief orders (DROs)

Debt relief orders (DROs)What is a DRO?DROs are 'a new and simplified way of wiping the slate clean for debtors who are too poor to go bankrupt.'A DRO...
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Produced in partnership with Simon Passfield of Guildhall Chambers 27th Aug
Practice notes

CVAs—landlord issues and remedies

CVAs—landlord issues and remediesWhat is a CVA?A company voluntary arrangement (CVA) is an arrangement between a company and its creditors, supervised...
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24th Aug
Practice notes

Voluntary liquidation

Voluntary liquidationCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and...
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18th Aug
Practice notes

Bankruptcy and co-ownership

Bankruptcy and co-ownershipWhen a bankruptcy order is made, a bankrupt’s property normally automatically vests in the Official Receiver/trustee in...
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18th Aug
tag iconIn-house
Practice notes

Bankruptcy

BankruptcyCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent...
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18th Aug
Practice notes

Compulsory liquidation

Compulsory liquidationCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary...
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18th Aug
Q&As

Where a tenant of a commercial lease has gone into administration and vacated a property prior to the contractual end date, there has been no surrender nor forfeiture, and the property has stayed empty, is the landlord entitled to claim the ongoing rent as an unsecured creditor by way of a provable debt in the administration, and what role does the Insolvency Rules 2016, SI 2016/1024, r 14.22 play in this situation?

Where a tenant of a commercial lease has gone into administration and vacated a property prior to the contractual end date, there has been no...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As

Is interest payable on arrears of rent for a period after the appointment of an administrator to a tenant, or does the moratorium prevent interest from accruing?

Is interest payable on arrears of rent for a period after the appointment of an administrator to a tenant, or does the moratorium prevent interest...
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18th Aug
Q&As

Where a commercial tenant company dissolves on the basis of a non-insolvent voluntary liquidation leaving ongoing liabilities under LTA 1954 lease, what are the landlord’s remedies in respect of the continuing obligations ie rent and dilapidations, including any preemptive steps?

Where a commercial tenant company dissolves on the basis of a non-insolvent voluntary liquidation leaving ongoing liabilities under LTA 1954 lease,...
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18th Aug
Q&As

A seller has exchanged contracts for the sale of commercial land but fears that the buyer may go into administration before completion. If an administrator or other insolvency practitioner is appointed, will the seller be obliged to complete the contract?

A seller has exchanged contracts for the sale of commercial land but fears that the buyer may go into administration before completion. If an...
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18th Aug
Q&As

If a landlord, unaware of an interim moratorium pursuant to a notice of intention to appoint administrators, seeks to forfeit by peaceable re-entry in breach of the interim moratorium (and take possession of goods), is that attempt to forfeit void? Are the administrators obliged to go to court, or can they simply claim that the forfeiture (or attempt to forfeit) is void?

If a landlord, unaware of an interim moratorium pursuant to a notice of intention to appoint administrators, seeks to forfeit by peaceable re-entry in...
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Produced in partnership with Helen Kavanagh 18th Aug
Q&As

Does costs budgeting apply in respect of an application by a trustee in bankruptcy seeking possession and sale of a bankrupt’s property? If so, at what point in the proceedings do the parties have to produce costs budgets?

Does costs budgeting apply in respect of an application by a trustee in bankruptcy seeking possession and sale of a bankrupt’s property? If so, at...
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Produced in partnership with Chris Adams of Gosschalks 18th Aug
Q&As

Is it possible to take a statutory declaration by Skype video or similar technology?

Is it possible to take a statutory declaration by Skype video or similar technology?Statutory declarations are a necessary part of insolvency...
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Produced in partnership with Philip Patterson of Gatehouse Chambers 18th Aug
tag iconCOVID-19
Practice notes

Procedure relating to appointment of LPA or fixed charge receiver(s)

Procedure relating to appointment of LPA or fixed charge receiver(s)The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 18th Aug

Popular documents

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several

Forming enforceable contracts—consideration

Forming enforceable contracts—consideration

Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in

The commercialisation of sport

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IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant

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

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 Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)