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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 Q&As content

Q&As
The court cannot entertain proceedings for possession of a dwelling house let on an assured tenancy without the landlord having first served on the...
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Produced in partnership with Helen Galley of XXIV Old Buildings 25th Jan
Q&As
Nuisance claims can be broadly categorised into private nuisance (interference with the use/enjoyment of land causing injury), public nuisance (an...
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22nd Jan
Q&As
Tenants who meet the criteria set out in Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) can require the landlord to sell the...
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22nd Jan
Q&As
There is an express or implied term in a lease of business premises that a tenant has the right to quietly enjoy the premises. Quiet enjoyment is the...
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Produced in partnership with Laura Bushaway 22nd Jan
Q&As
A lease for a term not exceeding three years can be created orally pursuant to section 54 of the Law of Property Act 1925 (LPA 1925). For the purposes...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
Ground 2 of Schedule 2 Part I to the Housing Act 1988 provides as follows:‘The dwelling-house is subject to a mortgage granted before the beginning of...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan
Q&As
A contract may be wholly discharged by agreement as follows:•where one party releases the other from its obligations by deed (release)•the parties...
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22nd Jan
Q&As
Since 13 October 2003, subject to certain exceptions, it has become compulsory to register the grant of a lease for a term of seven years or more out...
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22nd Jan
Q&As
A company is dissolved (or deemed dissolved) following liquidation, administration, or striking off of its name from the register by the Registrar of...
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22nd Jan

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