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Latest Property Disputes News

Property Disputes weekly highlights—17 June 2021

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)

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 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)

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

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

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

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?

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)...
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Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP 19th May
tag iconScottish Law
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...
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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...
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19th May
Q&As

Can someone trim their neighbour’s hedge without permission which is encroaching their garden?

The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...
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Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 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...
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Produced in partnership with Desmond Kilcoyne 19th May
Practice notes

What happens to a lease when the tenant's liquidator disclaims?

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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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...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 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...
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19th May
Practice notes

Commercial rent arrears recovery (CRAR)

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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19th May
tag iconCOVID-19
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...
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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...
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19th May
Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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...
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19th May
tag iconIn-house

Most recent Leases and licences content

Q&As

Where an adult family member is sharing occupation of property as an informal licensee (without exclusive possession or payment of rent), how can possession be obtained? Can the locks be changed after serving notice to quit? If proceedings are preferred, would trespasser proceedings be appropriate?

Where an adult family member is sharing occupation of property as an informal licensee (without exclusive possession or payment of rent), how can...
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6th Jun
Q&As

A building owner granted a three year licence to share occupation of a floor of a building, which cannot be terminated before expiry of the term unless there is a breach of the licence provisions. The owner now wishes to go into a voluntary arrangement, terminate the licence and sell the building with vacant possession. Can this be achieved and what if any remedies would the occupier have against the owner?

A building owner granted a three year licence to share occupation of a floor of a building, which cannot be terminated before expiry of the term...
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6th Jun
Q&As

My client is the owner of land and intends to grant a 20-year lease to the local parish council of some land, which will be used as a bus stop. Would this tenancy meet the criteria for a protected tenancy under the LTA 1954?

My client is the owner of land and intends to grant a 20-year lease to the local parish council of some land, which will be used as a bus stop. Would...
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6th Jun
Q&As

Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the minimum energy efficiency standards regulations post 1 April 2018?

Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the minimum energy efficiency...
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6th Jun
Q&As

What notice would be required to evict an occupier living in a caravan belonging to the landlord and located on the landlord's private property, where there is no formal written agreement and rent is paid on a monthly basis? The rent is now three months in arrears.

What notice would be required to evict an occupier living in a caravan belonging to the landlord and located on the landlord's private property, where...
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Produced in partnership with Carl Fain of Tanfield Chambers 6th Jun
Q&As

If a company remains in occupation after expiry of a lease and continues to pay rent such that an implied periodic tenancy arises, can that periodic tenancy be assigned to a new company if the first goes into liquidation and the second (which has the same directors and operates the same business) continues in occupation and pays the rent? Or would a new periodic tenancy have arisen? Where the new company ceases to pay the rent, can the landlord forfeit?

If a company remains in occupation after expiry of a lease and continues to pay rent such that an implied periodic tenancy arises, can that periodic...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As

Can a client remove goods from a storage unit which has been abandoned by his tenant. The issue is not whether he is an involuntary bailee and what he can do with the goods but whether the agreement between my client and the tenant creates a lease. The agreement is a simple sheet of A4, which states that the tenant rents the storage unit for one year and that rent is payable on a monthly basis. The agreement also states that the tenant is to give one month's notice to quit. The tenant paid the first month's rent and a deposit and has since left without notice or forwarding address. My client has tried to make contact but no luck. Was a tenancy created with this agreement and, if so, how does my client regain possession of his property in this situation?

Can a client remove goods from a storage unit which has been abandoned by his tenant. The issue is not whether he is an involuntary bailee and what he...
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6th Jun
Q&As

Where the period of a statutory periodic tenancy runs from 1st to 31st of each month, would the tenant’s notice to quit need to expire on the 31st of the month, being the end of a period of the tenancy?

Where the period of a statutory periodic tenancy runs from 1st to 31st of each month, would the tenant’s notice to quit need to expire on the 31st of...
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Produced in partnership with Helen Galley of XXIV Old Buildings 6th Jun
Q&As

What is the normal procedure for removing a substation? What if the substation (located in the basement of privately-owned office blocks) has no lease or wayleave or documentation permitting it to be there?

What is the normal procedure for removing a substation? What if the substation (located in the basement of privately-owned office blocks) has no lease...
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6th Jun
Q&As

I act for an individual who granted a licence to a company for a period of 12 months over commercial premises. The arrangement has carried on for a number of years with no further agreements being entered into. The tenant is in arrears of rent and the landlord wants the premises back. The original licence contains a provision for re-entry. Can the landlord rely on the provision for re-entry to forfeit the lease despite the tenant being deemed to have acquired a periodic tenancy?

I act for an individual who granted a licence to a company for a period of 12 months over commercial premises. The arrangement has carried on for a...
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5th Jun
Q&As

If a sports club wishes to use a football pitch infrequently, ie 20 times a year so that they will not have exclusive possession during the lease term, is it possible to grant a 'lease' to the sports club for the pitch to be used by them on specified days during the year? If not, are there any alternatives that may cover these circumstances?

If a sports club wishes to use a football pitch infrequently, ie 20 times a year so that they will not have exclusive possession during the lease...
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5th Jun
Q&As

A landlord lets two properties to a tenant under a tenancy agreement (not assured shorthold tenancy). The tenant uses the properties solely for holiday lets (no more than one week lets, with the landlord’s permission) and has never lived in the property themselves. The tenancy agreement was for a fixed term of one year, which ended in June 2019 and has not since been formally extended. The tenant pays rent monthly and on time. What is the correct notice to terminate the tenancy, and what would the notice period be?

A landlord lets two properties to a tenant under a tenancy agreement (not assured shorthold tenancy). The tenant uses the properties solely for...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As

Are there any specific cases where a tenant holding over after the termination of a tenancy was held to be pursuant to a periodic tenancy or a tenancy at will?

Are there any specific cases where a tenant holding over after the termination of a tenancy was held to be pursuant to a periodic tenancy or a tenancy...
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5th Jun
Q&As

A landlord company has let commercial property on a two-year lease, which has now expired. The tenant has remained in occupation while the property is being marketed. The tenant has now stopped paying rent and the landlord wishes to recover possession. What options are available assuming the tenancy is either a tenancy at will or a periodic tenancy? What are the implications if the landlord sends a monthly statement of arrears and continues to charge interest on arrears of rent from the date of demand for possession?

A landlord company has let commercial property on a two-year lease, which has now expired. The tenant has remained in occupation while the property is...
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5th Jun
Q&As

Where one family member moves in with another and will make a contribution towards household bills but will not pay rent, how should this occupation be documented? On the death of the family member who owns the property, will the other family member have a right to remain at the property?

Where one family member moves in with another and will make a contribution towards household bills but will not pay rent, how should this occupation...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As

A couple have been allowed to live with a family member for 12 months in a property which is owned by that family member. They have not paid any rent, but have paid for some repairs. The owner of the house now wishes to sell the house, but the couple are refusing to leave until they are compensated for the repairs. Can the couple be described as lodgers, and can the owner therefore change locks and take back possession?

A couple have been allowed to live with a family member for 12 months in a property which is owned by that family member. They have not paid any rent,...
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5th Jun
Q&As

How does a landlord take back possession of a commercial tenancy where there are rent arrears but no forfeiture clause and a commercial licence which provides for termination on arrears of rent and there are arrears?

How does a landlord take back possession of a commercial tenancy where there are rent arrears but no forfeiture clause and a commercial licence which...
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5th Jun
Q&As

If a right to occupy property has only been created orally, not in writing, can it still constitute a lease?

If a right to occupy property has only been created orally, not in writing, can it still constitute a lease?Rights of occupationThe Law of Property...
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Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun
Q&As

Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?

Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As

An occupier of residential property is granted a 12-month fixed term ‘licence’. If the ‘licence’ includes a clause purporting to automatically renew the licence for a further 12-month term unless the ‘tenant’ serves three months’ notice on the ‘landlord’ to terminate the licence on expiry of the initial fixed term: would such a clause be valid? and is such a clause an unfair contract term?

An occupier of residential property is granted a 12-month fixed term ‘licence’. If the ‘licence’ includes a clause purporting to automatically renew...
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Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun

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Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

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 Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)