Navigate the complexities of lease covenants and obligations with our comprehensive resources. Designed for property dispute specialists, this topic provides clear, actionable guidance on landlord and tenant responsibilities, breach consequences, and enforcement strategies. Stay ahead with the latest legal insights and best practice advice to effectively manage and resolve disputes.
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...
Sharing possession and sharing occupation'Possession' and 'occupation' are not interchangeable expressions. A covenant in a lease that forbids parting with possession is not broken by a tenant who, in law, retains possession, even though the tenant allows another to use and occupy the
Incoming landlord’s liability for pre-existing breachesAs from completion, an incoming landlord is:•in the case of an ‘old’ tenancy (ie generally granted pre-1 January 1996): bound by all landlord covenants that have ‘reference to the subject matter’ of the lease, and•in the case of a ‘new’ tenancy,
Tenant’s remedies for unreasonable withholding of consent—assignment and underlettingThis Practice Note explains the remedies available to a tenant who has applied for consent to assign or underlet in circumstances where consent is not to be unreasonably withheld, and the landlord has unreasonably
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
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