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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 Enfranchisement and right to manage content

Q&As

Can a solicitor/agent sign a section 5 notice on behalf of the landlord?

Can a solicitor/agent sign a section 5 notice on behalf of the landlord? There does not appear to be any requirement for a notice given under section...
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17th Sep
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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18th Aug
Q&As

Are there any provisions that permit unclaimed funds originally deposited with the Court Funds Office to be repaid to the original person who deposited them if those funds remain unclaimed after a certain amount of years?

Are there any provisions that permit unclaimed funds originally deposited with the Court Funds Office to be repaid to the original person who...
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Produced in partnership with Ryan Turner of Lamb Chambers 18th Aug
Q&As

Does section 178 of the Housing Act 1985 apply to costs that arise from enquiries made by a purchaser exercising their right to buy which relate to land contamination? Would a local authority be under an obligation by virtue of section 178 to provide replies to land contamination enquiries free of charge?

Does section 178 of the Housing Act 1985 apply to costs that arise from enquiries made by a purchaser exercising their right to buy which relate to...
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Produced in partnership with Elizabeth England 15th Aug
Precedents

Notice that tenant is unwilling to proceed after ascertainment of the price

Notice that tenant is unwilling to proceed after ascertainment of the priceTo: [insert name of landlord]of [insert address of landlord]We[insert name...
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10th Aug
Precedents

Notice of objection to further severance of premises above or below other property

Notice of objection to further severance of premises above or below other propertyTo: [insert name of tenant]of [insert address of tenant]We[insert...
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10th Aug
Precedents

Form of Notice of Invitation to Participate—Right to Manage

Form of Notice of Invitation to Participate—Right to ManageCOMMONHOLD AND LEASEHOLD REFORM ACT 2002NOTICE OF INVITATION TO PARTICIPATE IN RIGHT TO...
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10th Aug
Precedents

Notice to Complete—lease extension—flat

Notice to Complete—lease extension—flatNotice to completeUnder Schedule 2, para 8 Leasehold Reform (Collective Enfranchisement and Lease Renewal)...
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10th Aug
Precedents

Landlord and Tenant Act 1987—notice of acceptance

Landlord and Tenant Act 1987—notice of acceptanceNotice of acceptance—Landlord and Tenant Act 1987, section 6To: [name of landlord's agents] of...
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10th Aug
Precedents

Tenant’s notice to immediate landlord or their agent requiring information

Tenant’s notice to immediate landlord or their agent requiring informationTo [insert name of landlord or receiver of rent]of [insert address]From...
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10th Aug
Precedents

Form of Claim Notice—Right to Manage

Form of Claim Notice—Right to ManageCOMMONHOLD AND LEASEHOLD REFORM ACT 2002 CLAIM NOTICETo [name and address](See Note 1 below)1[Name of RTM company]...
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10th Aug
Precedents

Form of Counter—Notice—Right to Manage

Form of Counter—Notice—Right to ManageCOMMONHOLD AND LEASEHOLD REFORM ACT 2002COUNTER-NOTICETo [name and address](See Note 1 below)1[I admit that, on...
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10th Aug
Precedents

Notice by tenant to landlord of tenant’s improvements affecting the rateable value

Notice by tenant to landlord of tenant’s improvements affecting the rateable valueDate [insert date]To [insert name of landlord] of [insert...
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10th Aug
Precedents

Notice by landlord claiming a deposit from the tenant

Notice by landlord claiming a deposit from the tenantTo [insert tenant's name]of [insert tenant's address]From [insert landlord's name]of [insert...
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10th Aug
Precedents

Notice of objection to further severance of premises originally let with the house

Notice of objection to further severance of premises originally let with the houseTo: [insert name of tenant]of [insert address of tenant]We[insert...
Read More >
10th Aug
Precedents

Landlord and Tenant Act 1987—offer notice

Landlord and Tenant Act 1987—offer noticeLandlord and Tenant Act 1987, section 5A—offer noticeTo: [[name of tenant] OR [the qualifying tenant of flat...
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10th Aug
Precedents

Notice to complete—enfranchisement or lease extension—house

Notice to complete—enfranchisement or lease extension—houseTo: [insert name of landlord or tenant as appropriate]of [insert address of landlord or...
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10th Aug
Precedents

Notice of default—Leasehold Reform Act 1967

Notice of default—Leasehold Reform Act 1967To: [insert name of landlord or tenant as appropriate]of [insert address of landlord or tenant]We[insert...
Read More >
10th Aug
Precedents

Notice given by assignee or personal representative of a former tenant

Notice given by assignee or personal representative of a former tenantNOTIFICATION OF [ASSIGNMENT OR DEATH OF TENANT]In connection with the property...
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10th Aug
Precedents

Notice of default—LRHUDA 1993

Notice of default—LRHUDA 1993To [insert landlord's name OR insert name of qualifying tenant]of [insert address]Take notice that:1This notice relates...
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10th Aug

Popular documents

Pension commencement lump sums (PCLSs)

Pension commencement lump sums (PCLSs)

Pension commencement lump sums (PCLSs)When a member of a pension scheme becomes entitled to receive their scheme benefits, they can usually take part as a tax-free lump sum. HMRC calls this a ‘pension commencement lump sum’ (PCLS). Taking a lump sum is usually at the option of the member who will

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate means of addressing the issues raised by the case at hand. For further guidance, see Practice Note:

Voluntary manslaughter

Voluntary manslaughter

Voluntary manslaughterVoluntary 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

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of