Q&As

View Property Disputes by content type:

Featured Property Disputes content

Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
Read More >
30th Oct
Practice notes
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...
Read More >
29th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
12th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
12th Oct
Practice notes
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...
Read More >
9th Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
2nd Oct
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
30th Sep
Practice notes
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...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
26th Sep
Practice notes
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...
Read More >
25th Sep
Practice notes
This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...
Read More >
25th Sep
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...
Read More >
25th Sep
Practice notes
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...
Read More >
25th Sep
Practice notes
This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....
Read More >
25th Sep

Most recent Q&As content

Q&As
A potential claim does not generally become extinguished by the death of the prospective claimant, it is open for it to be brought, or continued, by...
Read More >
28th Sep
Q&As
We have assumed for the purposes of this Q&A, that there is no deposit retained by the landlord, which could be used to satisfy the arrears.Pursuant...
Read More >
28th Sep
Q&As
First, a private nuisance may be and usually is caused by a person doing, on their own land, something which they are lawfully entitled to do. Their...
Read More >
Produced in partnership with Desmond Kilcoyne 28th Sep
Q&As
The Electronic Communications CodeIt is frequently the case that telecommunications providers will seek to enter into agreements with landowners for...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Is there a force majeure event?In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force...
Read More >
28th Sep
Q&As
What is the doctrine of frustration?If the contract does not include a force majeure clause or it does but the applicable force majeure event is not...
Read More >
28th Sep
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
Read More >
28th Sep
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
Read More >
28th Sep
Q&As
Demolition to any extent of a party wall by an adjoining owner can only be carried out if authorised by section 2 of the Party Wall etc Act 1996 (PWA...
Read More >
28th Sep
Q&As
Question scenarioThis question considers the option open to someone who has signed and agreed an equitable charge with a part owner of a property. The...
Read More >
28th Sep
Q&As
The question of whether a deed can be witnessed remotely is a difficult one as the position at law is unclear. For the reasons that follow, it is...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is...
Read More >
Produced in partnership with James Tunley of Lamb Chambers 28th Sep
Q&As
The structure of the Civil Procedure Rules 1998 (CPR) is that there is deemed service on the second business day after the completion of the relevant...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
‘Reasonable steps’ seems to be determined by the courts based on the specific facts and circumstances of the case.For example, in Goldman v Hargrave...
Read More >
28th Sep
Q&As
In responding to this Q&A, the procedure which is adopted by the Property Chamber Land Registration Division First-tier Tribunal (the Tribunal) has...
Read More >
28th Sep
Q&As
There is no ‘correct’ answer here as Part 7 or Part 8 can be used when issuing proceedings for specific performance.Issuing a claim under CPR 7 is...
Read More >
28th Sep

Popular documents