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Property Disputes weekly highlights—17 June 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—17 June 2021

Operators granted interim MSV Code rights at critical national infrastructure building in London (EE Ltd v London Underground)

The following Property Disputes news provides comprehensive and up to date legal information on Operators granted interim MSV Code rights at critical national infrastructure building in London (EE Ltd v London Underground)

The new debt respite scheme—the court’s view (Axnoller Events v Brake)

The following Property Disputes news provides comprehensive and up to date legal information on The new debt respite scheme—the court’s view (Axnoller Events v Brake)

Charities—mandatory rating relief, public benefit (Nuffield Health v Merton London Borough Council)

The following Local Government news provides comprehensive and up to date legal information on Charities—mandatory rating relief, public benefit (Nuffield Health v Merton London Borough Council)

Featured Property Disputes content

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

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

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...

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

The Party Wall etc Act 1996 (PWA 1996) should be referred to for its full provisions but defines a party wall as a wall forming part of a building and...

Practice notes

Breach of Missives—remedies in Scotland

MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...

Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP 19th May

Scottish Law

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

19th May

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction—the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

19th May

Practice notes

Successors in title—leases

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...

19th May

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

19th May

Precedents

Example letter 6–Line of Junction Notice–new wall wholly on your own land

To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...

19th May

Precedents

Acknowledgement of Line of Junction Notice—New wall astride the boundary

To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...

19th May

Q&As

Can a mortgagee rely on Ground 2 of Schedule 2 to the Housing Act 1988 to evict a residential tenant occupying under an assured shorthold tenancy if, at the time the tenant was given notice prior to the commencement of the tenancy that the property was mortgaged, it was mortgaged to a different lender (ie it has since been remortgaged)?

The answer is, no.Ground 2 of Schedule 2 Part I to the Housing Act 1988 (HA 1988) reads:‘The dwelling-house is subject to a mortgage granted before...

Produced in partnership with Desmond Kilcoyne 19th May

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...

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...

Produced in partnership with Desmond Kilcoyne 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...

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...

19th May

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...

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...

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...

Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

19th May

In-house

Most recent Leases and licences content

Q&As

A company is in occupation of business premises. In 2013, terms were agreed for a protected business lease of the premises but the lease wasn't executed. Nevertheless the company took up occupation in January 2014 and has remained in the premises since. It has spent money investing in the property. No rent has ever been demanded or accepted. The company has tried to pay rent but to no avail and the landlord's solicitors have been notified that a specific rent account had been set up by the company for payment of rent when demanded. The landlord's solicitors had indicated they did not consider the company to have a tenancy of the premises as rent had never been paid. By virtue of remaining in the premises, has the company acquired a protected business tenancy on the terms intended by the parties as set out in the final draft lease? Failing that, has the company acquired a tenancy at will? The landlord's solicitors have served a notice seeking information pursuant to the LTA 1954, s40.

A company is in occupation of business premises. In 2013, terms were agreed for a protected business lease of the premises but the lease wasn't...

11th Jun

Q&As

Where a tenant remains in occupation after the contractual expiry of a contracted-out business lease, what is the nature of that occupation?

Where a tenant remains in occupation after the contractual expiry of a contracted-out business lease, what is the nature of that occupation?The basic...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 11th Jun

Q&As

If a licence is for a term exceeding six months or it is for a term of less than six months but with an option to renew for a further six months, will it fall within the Landlord and Tenant Act 1954?

If a licence is for a term exceeding six months or it is for a term of less than six months but with an option to renew for a further six months, will...

11th Jun

Practice notes

Vacant possession strategy for redevelopment

Vacant possession strategy for redevelopmentCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in...

Produced in partnership with Jill Carey of Freeths 11th Jun

Precedents

Vacant possession strategy—schedule

Vacant possession strategy—scheduleCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...

11th Jun

Q&As

In a periodic business lease where there is no written lease but annual rent is paid quarterly, what notice must the tenant give to terminate?

In a periodic business lease where there is no written lease but annual rent is paid quarterly, what notice must the tenant give to terminate?Although...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jun

Q&As

How should we document a headlease for a tenant who has been in occupation for many years and has granted an underlease?

How should we document a headlease for a tenant who has been in occupation for many years and has granted an underlease?We assume that no formal lease...

11th Jun

Q&As

A property is being transferred to two beneficiaries of a trust. One of the beneficiaries (party A) will reside at the property and the other (party B) will not. A wants to stay there for five years and B is agreeable to that. A will pay rates/insurance/utilities, but not any rent. In the absence of rent payable, what is the most appropriate way to document this? Would a licence be more appropriate than an assured shorthold tenancy? The intention is to document the occupation but not for A to accrue any additional rights to stay beyond the five-year term.

A property is being transferred to two beneficiaries of a trust. One of the beneficiaries (party A) will reside at the property and the other (party...

11th Jun

Q&As

What is the status of a tenant of mixed use premises whose lease expired and they are no longer in occupation but are paying rent. The tenant sublet the residential element of the premises with consent, and the commercial element without consent. What action should be taken to terminate any relationship with the existing tenant and enter into direct relationships with the subtenants, and can the landlord claim rent directly from the subtenants in the interim?

What is the status of a tenant of mixed use premises whose lease expired and they are no longer in occupation but are paying rent. The tenant sublet...

11th Jun

Q&As

What is a tenant’s occupational status when they failed to issue proceedings before expiry of a section 25 notice, but remained in occupation and paying rent afterwards?

What is a tenant’s occupational status when they failed to issue proceedings before expiry of a section 25 notice, but remained in occupation and...

11th Jun

Q&As

What is the status of an executed but undated lease? The parties have treated the lease as valid for a number of years. How can the landlord terminate the arrangement?

What is the status of an executed but undated lease? The parties have treated the lease as valid for a number of years. How can the landlord terminate...

11th Jun

Q&As

What happens if a landlord serves a section 25 notice proposing terms for a renewal lease, and the tenant does not respond before the termination date specified in the notice?

What happens if a landlord serves a section 25 notice proposing terms for a renewal lease, and the tenant does not respond before the termination date...

11th Jun

Q&As

If a company was a tenant in a residential assured shorthold tenancies (potentially on the behalf of employees without using a service occupancy agreement) what may be the legal ramifications?

If a company was a tenant in a residential assured shorthold tenancies (potentially on the behalf of employees without using a service occupancy...

11th Jun

Practice notes

Service occupancy or tenancy?

Service occupancy or tenancy?An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has...

11th Jun

Practice notes

Using licences and tenancies at will

Using licences and tenancies at willPressure to secure a new letting often leads to the suggestion of early access on the basis of a licence or...

11th Jun

In-house

Practice notes

Implied tenancies at will—holding over after expiry of a contracted-out lease or occupation before completion of a new lease

Implied tenancies at will—holding over after expiry of a contracted-out lease or occupation before completion of a new leaseWhere a tenant holds over...

11th Jun

Q&As

When a residential licence has been terminated by the death of the licensor, does the executor of the deceased's estate have a right of access to the property and/or a set of keys? If the licensee has not vacated the property after the expiry of a notice to quit, can the executor of the deceased's estate enter the property?

When a residential licence has been terminated by the death of the licensor, does the executor of the deceased's estate have a right of access to the...

9th Jun

Q&As

What is the process for recovery of possession from a commercial licencee who occupies land pursuant to a six month licence which has now expired but remains in occupation?

We have assumed for the purpose of this Q&A that the question relates to a six month contractual licence of a commercial property.A contractual...

8th Jun

Q&As

A tenant under a fixed term of ten years has been holding over for three years. The rent is payable annually on the 1st September each year. What notice must be served to terminate the tenancy?

A tenant under a fixed term of ten years has been holding over for three years. The rent is payable annually on the 1st September each year. What...

6th Jun

Q&As

Would an option to renew within a genuine licence to occupy arrangement mean there is a risk it could be construed as a lease?

Would an option to renew within a genuine licence to occupy arrangement mean there is a risk it could be construed as a lease?For the purposes of this...

Produced in partnership with Matthew Haynes of St Ives Chambers 6th Jun