Navigate the intricacies of forfeiture with our comprehensive guidance designed for property dispute specialists. Whether you're dealing with commercial or residential leases, our resources provide the essential tools and strategies to handle forfeiture cases effectively. Stay ahead with expert insights on lease termination, tenant rights, and actionable steps for enforcement proceedings.
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Section 234 of the Insolvency Act 1986 stops short of trespassers (Maher & Another v Investalet Ltd)
The following Dispute Resolution news provides comprehensive and up to date legal information on Setting aside a judgment for fraud (Estate of Euan McIntyre Lindsay (Deceased) v Outlook Finance Ltd)
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
What is an antecedent breach?An ‘antecedent breach’ from a property perspective is a reference to a breach which took place prior to a particular event, for example prior to assignment or forfeiture.For example, within a forfeiture clause it may be used in the following way:‘If the rent hereby
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
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