Coronavirus (COVID-19)—Property Disputes

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Practice notes
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
Practice notes
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
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
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
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
Practice notes
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
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
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
Precedents
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
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
Practice notes
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
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
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
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
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
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Coronavirus (COVID-19)—Property Disputes content

Practice notes
FORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021) came into force on 15 March 2021 for the...
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12th Apr
Practice notes
FORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021) came into force on 15 March 2021 for the...
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12th Apr
Practice notes
This Practice Note introduces the key implications that property practitioners should consider in relation to the coronavirus pandemic, including the...
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12th Apr
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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8th Apr
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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8th Apr
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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8th Apr
Practice notes
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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8th Apr
Practice notes
STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...
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8th Apr
Practice notes
Rescission can either mean a contract is discharged by breach, or that a contract is treated as if it never existed—known as rescission ab initio....
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8th Apr
Practice notes
Buyer’s right to returnA buyer’s right to the return of their deposit is a legal right arising out of breach of contract by the seller.The fact that...
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8th Apr
Practice notes
Side letters are often used:•to make arrangements and grant concessions (eg in relation to the permitted use, the standards of repair or rental...
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8th Apr
Practice notes
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge...
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8th Apr
Practice notes
Repudiation of a contract occurs where one party communicates to the other (through words or conduct) that they no longer intend to be bound by it,...
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8th Apr
Practice notes
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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8th Apr
Q&As
This Q&A has been drafted assuming the following:•the question is asked in the light of the ongoing coronavirus (COVID-19) crisis•the statutory...
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Produced in partnership with Phillip Patterson of Hardwicke Chambers 8th Apr
Q&As
Statutory declarations are a necessary part of insolvency proceedings, most commonly where a company enters members’ voluntary liquidation (MVL) (see...
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Produced in partnership with Philip Patterson of Hardwicke Chambers 8th Apr
Practice notes
BackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at real risk of insolvency. Some...
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8th Apr
Q&As
On 23 April 2020, the UK government announced it would legislate to temporarily ban statutory demands and winding-up petitions. This was supplemented...
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Produced in partnership with Stephen Dillion and Farhana Young of Gosschalks 8th Apr
Practice notes
This Practice Note aims to assist dispute resolution practitioners seeking to understand the fast-moving changes to civil court processes and...
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8th Apr

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