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Enfranchisement and right to manage

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

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

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

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)

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

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

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 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

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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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9th Nov
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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...
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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...
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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...
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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...
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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...
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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....
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9th Nov
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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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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...
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9th Nov
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Most recent Enfranchisement and right to manage content

Practice notes

Quick guide to where to issue common property dispute applications

Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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15th May
Practice notes

Quick guide to common time limits for property disputes lawyers

Quick guide to common time limits for property disputes lawyersThis Practice Note details the deadlines for carrying out some of the more common tasks...
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15th May
Q&As

Is there a deadline by which a leaseholder must issue court proceedings where the landlord serves notice not admitting a claim to acquire the freehold of a house pursuant to the Leasehold Reform Act 1967?

Is there a deadline by which a leaseholder must issue court proceedings where the landlord serves notice not admitting a claim to acquire the freehold...
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11th May
Q&As

When a landlord has served a counter-notice under section 45 of the Leasehold Reform Housing and Urban Development Act 1993 and terms have been agreed between the parties, is there a time limit by which the lease extension must be completed?

Tenants of certain long leases of flats have the right to a new lease, extending the term by 90 years (section 39 of the Leasehold Reform, Housing and...
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10th May
Q&As

When making an application to the tribunal under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993, do you need to serve the other party or merely lodge the application with the tribunal? Is there anything else required in order to perfect the application?

Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) enables a tenant of a flat, in certain...
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Produced in partnership with Alexander Campbell of Field Court Chambers 28th Apr
Practice notes

The right to enfranchise—houses

A tenant of a long leasehold house and any attendant premises (eg a garden, garage, yard etc) who has owned the property for at least two years has a...
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23rd Apr
Practice notes

Lease extension—separate representation

A statutory lease extension may involve both a freeholder and one or more intermediate landlords. An index map search or a search through one of the...
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8th Apr
Practice notes

Lease extension—s 42 notice

A tenant (individual or corporate body) who holds a long lease of a flat and owned it for a continuous period of two years may serve a notice (a...
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8th Apr
Practice notes

Compulsory acquisition of landlord’s interest by tenants of flats

Compulsory acquisition of landlord's interestAn acquisition order under Part III of the Landlord and Tenant Act 1987 (LTA 1987), entitles certain long...
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8th Apr
Practice notes

The right to an extended lease—flats

A tenant who holds a long lease of a flat has a statutory right (subject to compliance with statutory qualifying criteria) to a 90–year extension of...
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8th Apr
Practice notes

Collective enfranchisement—what are qualifying premises

Subject to various qualifying criteria, tenants who hold long leases of flats have a collective right under section 1 of the Leasehold Reform, Housing...
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8th Apr
Practice notes

Leasehold enfranchisement—what is a house and premises?

The tenant of a house which is held under a long lease has the right to acquire the freehold or an extended lease of the house and premises under...
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8th Apr
Practice notes

The right to an extended lease—houses

The rightA tenant of a long leasehold house and any attendant premises (eg a garden, garage, yard etc) has a statutory right (subject to compliance...
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8th Apr
Practice notes

Landlord and Tenant Act 1987—pitfalls and practical tips

Time limits and delaysThe time limits for the various stages of the Landlord and Tenant Act 1987 (LTA 1987) procedures can seriously delay the...
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8th Apr
Practice notes

Exercising the collective right to enfranchise—leasebacks

Mandatory and optional leasebacksThe nature of the collective right of enfranchisement is such that it may be exercised in relation to premises...
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8th Apr
Practice notes

Lease extension—landlord’s counter-notice, default and withdrawal

The landlord's counter-notice — time-limit and contentTime limitThe landlord must serve its counter-notice (also known as a s 45 notice) by the date...
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8th Apr
Practice notes

The right to manage

Under Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), long leaseholders of flats in mainly residential buildings (subject to...
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8th Apr
Practice notes

The collective right to enfranchise

Subject to various qualifying criteria, tenants who hold long leases of flats have a collective right under the Leasehold Reform, Housing and Urban...
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8th Apr
Practice notes

Collective enfranchisement—the counter notice

The landlord must serve their counter-notice by the date specified in the initial notice. The counter-notice must:•admit the participating tenants'...
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8th Apr
Practice notes

Lease extension—the new lease

Where a landlord admits, or fails properly to dispute, the right of a qualifying tenant to acquire a new lease, the landlord is bound to grant, and...
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8th Apr

Popular documents

Voluntary manslaughter

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide

Proprietary estoppel

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR

Forum non conveniens—scope and application

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied