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 Online Procedure Rule Committee (OPRC) has published the first rules under the powers conferred by Chapter 2 of Part 2 of the Judicial Review and...
Property Disputes analysis: The Court of Appeal’s decision in the combined appeals of The Courtyard and 14 Park Crescent provides the first appellate...
Restructuring & Insolvency analysis: In Maher v Holmes, the High Court allowed an appeal against a bankruptcy order founded on a judgment debt arising...
This week's edition of Property Disputes weekly highlights includes: amendments to court and tribunal fees, High Court decisions concerning a...
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...
Dealing with goods left behind at lease end or following sale of propertyGoods are often left behind when a lease ends or a property is sold, especially following forfeiture by re-entry when there may have been no notice. The lease may deal with disposal of items but often there is often no specific
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
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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