Navigating disputes arising from rent and rates requires a deep understanding of contractual obligations, statutory frameworks, and dispute resolution mechanisms. Expert guidance is essential for resolving conflicts between landlords and tenants, ensuring compliance, and safeguarding financial interests. This topic provides practical insights and strategies to address common issues, from contentious rent reviews to contested rate liabilities, empowering practitioners to effectively manage and mitigate property disputes.
Dispute Resolution analysis: The minutes of the Online Procedure Rule Committee (OPRC) meeting of 23 March 2026 (conducted in a hybrid format at the...
This week's edition of Property Disputes weekly highlights includes: the Building Safety (Wales) Bill and English Devolution and Community Empowerment...
The CIOT has published a news item on the Renters’ Rights Act 2025 and SDLT on residential leases....
Restructuring & Insolvency analysis: The court, on appeal, clarified the approach to be taken in determining whether or not exceptional circumstances...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
What is the liability of an outgoing tenant under an 'old' lease following assignment? Is a landlord obliged to pursue the current tenant for any arrears before pursuing a former tenant or guarantor to a former tenant?Obligations of an assignor tenant under an old leaseThe general rule is that where
Set-off and deductions from rentThis Practice Note considers set-off provisions in leases and whether a tenant can set off a claim against a new landlord after assignment. A tenant is entitled to set off liquidated claims for damages, at law, and unliquidated claims, in equity, for damages for
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
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