Neighbour and party wall disputes

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Assured and assured shorthold tenancies—terminating

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This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and

Assignment and succession of tenancy

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

Assured and assured shorthold tenancies—granting

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Practice notes

Recovering rent arrears

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

12th Oct

COVID-19

In-house

Practice notes

Trespass—claims and defences

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

12th Oct

Practice notes

Dilapidations claims at the end of the term

Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...

9th Oct

Practice notes

Periodic tenancies

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

2nd Oct

In-house

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...

30th Sep

In-house

Practice notes

LTA 1954 business lease renewal—termination

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...

26th Sep

COVID-19

In-house

Practice notes

Tenancy deposit schemes

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

26th Sep

Practice notes

New Electronic Communications Code—Code rights

The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...

26th Sep

Practice notes

Claiming relief from forfeiture when breach is rent arrears

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

26th Sep

Practice notes

Dealing with goods left behind at lease end or following sale of property

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

26th Sep

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...

26th Sep

Practice notes

Time limits and extension of statutory period under LTA 1954

Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...

25th Sep

Practice notes

Residential service charges—disputes and procedures

This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...

25th Sep

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

25th Sep

Practice notes

Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls

Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...

25th Sep

In-house

Practice notes

Serving notices—potential issues

This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....

25th Sep

Most recent Neighbour and party wall disputes content

Practice notes

Damage by tree roots

LiabilityThe leading case on damage to property caused by encroaching tree roots is Delaware, in which the House of Lords stated that liability is to...

25th Sep

Practice notes

Neighbour disputes—high hedges

High hedgesPart 8 of the Anti-Social Behaviour Act 2003 (ABA 2003) empowers local authorities (LAs) to deal with complaints in respect of high...

25th Sep

Practice notes

Private nuisance—general principles

Private nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a person's use or enjoyment of land or...

25th Sep

Practice notes

Japanese knotweed—legal framework

Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...

25th Sep

Practice notes

Party walls—frequently asked questions

Do I always need to serve a party wall notice?If there is a party wall involved, then yes, unless the work is to an existing party wall or party fence...

25th Sep

Practice notes

Neighbour disputes—noise and nuisance

Noise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes:•noise in the street from vehicles, equipment,...

25th Sep

Practice notes

Access to neighbouring land

It can be impracticable to carry out works of repair or improvement to land without going onto another person's land (eg where the building line is...

25th Sep

Practice notes

Neighbour disputes—building works and harassment

Damage and disruption caused by building works are usually the subject of a claim in trespass, nuisance or negligence. This Practice Note briefly...

25th Sep

Practice notes

Common time limits for property disputes lawyers

This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...

25th Sep

Practice notes

Party walls—shared costs and security for damage

This Practice Note explains the circumstances in which the cost of party wall works can be shared, the right of adjoining owners and building owners...

25th Sep

Precedents

Agreement for access to neighbouring land—contractual or statutory

Date [insert date of deed in its full format DD-Month-Year]Parties1[insert full name of Grantor] [of [insert address] OR incorporated in England and...

26th Sep

Precedents

Acknowledgement of Line of Junction Notice—New wall wholly on Building Owner's land

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

26th Sep

Precedents

Example letter 1–Party Structure Notice

To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...

26th Sep

Precedents

Example letter 3—Negative Acknowledgement of Party Structure Notice

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

26th Sep

Precedents

Example letter 10—Negative Acknowledgement of 3/6 Metre Notice

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

26th Sep

Precedents

Example letter 8–3/6 Metre Notice

To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]Dear [title]The Party Wall etc Act 1996Notice of proposed works–Party...

26th Sep

Precedents

Example letter 4–Line of Junction Notice–new wall astride the boundary

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

26th Sep

Precedents

Example letter 9—Positive Acknowledgement of 3/6 Metre Notice

To [Insert Building Owner]Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs Adjoining Owner/s under the...

26th Sep

Precedents

Example letter 2—Positive Acknowledgement of Party Structure Notice

To [Insert Building Owner]Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs Adjoining Owner[s] under the...

26th Sep

Precedents