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Q&As
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
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
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes
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
Q&As
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
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
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
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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19th May
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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19th May
Q&As
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
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
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...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Q&As content

Q&As
What is the sanction in the First-tier Tribunal (Property Chamber) for failure to exchange an expert report by the date ordered? Will it preclude any...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 24th Sep
Q&As
Does section 82 of the Coronavirus Act 2020 (the ban on business tenants being evicted) apply to tenancies at will and expired leases which have...
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22nd Sep
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...
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22nd Sep
Q&As
Can a freeholder serve notice of an AGM on a lessee who is in breach of the terms of a long residential lease, without waiving the right to...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 20th Sep
Q&As
Can a solicitor/agent sign a section 5 notice on behalf of the landlord? There does not appear to be any requirement for a notice given under section...
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17th Sep
Q&As
How should a rent arrears claim be made, once possession of a property has been regained using the accelerated procedure?ProcessThe correct process to...
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15th Sep
Q&As
Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?Is there a force majeure event?In English law, the...
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15th Sep
Q&As
How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...
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Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep
Q&As
Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
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15th Sep
Q&As
My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Sep
Q&As
If the description in the lease of the demise of a flat is inconsistent with the lease plan, which description prevails?A lease must be in respect of...
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13th Sep
Q&As
Where a rent review date is an anniversary of the term commencement date, which was 29 February in a leap year, how will the review date be...
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13th Sep

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