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Latest Property Disputes News

Property Disputes weekly highlights—23 September 2021

Property Disputes weekly highlights—23 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—23 September 2021

Cladding remediation—where are we?

Cladding remediation—where are we?

The following Construction news provides comprehensive and up to date legal information on Cladding remediation—where are we?

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

The following Banking & Finance news provides comprehensive and up to date legal information on Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Featured Property Disputes content

Specific performance of property agreements

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Notice to complete

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Service charges—summary of tenants’ rights and obligations

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...
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19th May
Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

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

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

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

Surrender by operation of law

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

Claims for use and occupation, mesne profits, double rent and double value

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

Property boundaries

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

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

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

Interim rent

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

Rectification—unilateral mistake

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

Rights of light—obstruction notices

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

Commercial rent arrears recovery (CRAR)

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
tag iconCOVID-19
Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

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

Estoppel and property law

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

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

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
Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...
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19th May

Most recent Rent and rates content

Practice notes

Tenancy deposit schemes

Tenancy deposit schemesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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22nd Sep
Practice notes

Claiming interest

Claiming interestThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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20th Sep
tag iconIn-house
Q&As

A claimant landlord issues a debt claim against the current tenant for arrears of rent and a former tenant for the same arrears (it remains liable, following service of a section 17 notice). The former tenant files a defence and brings a claim for an indemnity from the current tenant (relying on the indemnity in the assignment). The claimant obtains default judgment for the full amount of arrears from the current tenant, but it remains unsatisfied, so it intends to proceed with its claim against the former tenant. What can the former tenant do?

A claimant landlord issues a debt claim against the current tenant for arrears of rent and a former tenant for the same arrears (it remains liable,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 17th Sep
Precedents

Particulars of claim—contractual debt claim

Particulars of claim—contractual debt claimClaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
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15th Sep
tag iconCOVID-19
Q&As

How should a rent arrears claim be made, once possession of a property has been regained using the accelerated procedure?

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
Practice notes

County Court money claims—how and where to issue

County Court money claims—how and where to issueCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be...
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15th Sep
Practice notes

Late Payment of Commercial Debts (Interest) Act 1998

Late Payment of Commercial Debts (Interest) Act 1998The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates...
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13th Sep
tag iconIn-house
Practice notes

Expert determination

Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for...
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Produced in partnership with 4 Pump Court 13th Sep
Q&As

If a landlord of commercial premises issues a claim against both the tenant and former tenant for rent arrears, having served a notice under section 17 of the Landlord and Tenant (Covenants) Act 1995 on the former tenant, can the former tenant settle the claim with the landlord and then proceed with a claim for a contribution or indemnity against the tenant? In the assignment from the former tenant to the tenant, the tenant covenanted to indemnify the former tenant for any claims and costs in connection with any breach of covenant

If a landlord of commercial premises issues a claim against both the tenant and former tenant for rent arrears, having served a notice under section...
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10th Sep
Precedents

Letter of claim—contractual debt claim

Letter of claim—contractual debt claim[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of the debtor’s solicitors][Address line...
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8th Sep
tag iconCOVID-19 tag iconIn-house
Q&As

Can a landlord offset an overpayment of rent against sums owed to them by the tenant? The sums owed are pursuant to a court judgment

Can a landlord offset an overpayment of rent against sums owed to them by the tenant? The sums owed are pursuant to a court judgmentWhere a debtor...
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1st Sep
Practice notes

Controlled and executed goods—debtor claiming goods are 'exempt goods'

Controlled and executed goods—debtor claiming goods are 'exempt goods'This Practice Note considers how a debtor whose goods have been taken control of...
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25th Aug
Practice notes

Company statutory demand—the position under The Insolvency (England and Wales) Rules 2016

Company statutory demand—the position under The Insolvency (England and Wales) Rules 2016STOP PRESS: The Corporate Insolvency and Governance Act 2020...
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Produced in partnership with Eleanor Holland of 4 Stone Buildings and Karl Anderson of 4 Stone Buildings 24th Aug
Practice notes

Enforcement agents—entry and use of reasonable force

Enforcement agents—entry and use of reasonable forceThis Practice Note concerns the use of enforcement agents to enter premises and take control of...
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Produced in partnership with Victoria Jones of Freeths 24th Aug
Practice notes

Taking control of goods—fees of the enforcement agent

Taking control of goods—fees of the enforcement agentWhen do these fees apply?On 6 April 2014 the Tribunals, Courts and Enforcement Act 2007 (TCEA...
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Produced in partnership with Victoria Jones of Freeths 24th Aug
Practice notes

Recovering rent arrears

Recovering rent arrearsCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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24th Aug
tag iconCOVID-19 tag iconIn-house
Practice notes

Quick guide to landlord’s remedies for breach of lease

Quick guide to landlord’s remedies for breach of leaseCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...
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24th Aug
tag iconCOVID-19
Practice notes

Business rates—empty property

Business rates—empty propertyCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a...
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24th Aug
Practice notes

Former tenants, guarantors and overriding leases

Former tenants, guarantors and overriding leasesThe Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants...
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24th Aug
tag iconCOVID-19
Practice notes

Liability for business rates

Liability for business ratesThe Local Government Finance Act 1988 (LGFA 1988) identifies three categories of ratepayer:•occupiers•owners, and•persons...
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24th Aug

Popular documents

Parliamentary committees

Parliamentary committees

Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to

Summary assessment—statement of costs

Summary assessment—statement of costs

Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshotTitleUnited Nations Convention on the Law of the Sea (UNCLOS)Parties168Adopted10 December 1982Entry into Force16 November 1994Full textUnited Nations Convention on the Law of the SeaSubject [Catchwords]International Law of the

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating