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Latest Property Disputes News

Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

The following Corporate Crime news provides comprehensive and up to date legal information on Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

When ‘ought not’ a tenant be granted a renewal lease under the Landlord and Tenant Act 1954? (Kent v Guest)

The following Property Disputes news provides comprehensive and up to date legal information on When ‘ought not’ a tenant be granted a renewal lease under the Landlord and Tenant Act 1954? (Kent v Guest)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Brexit found not to frustrate lease of European Medicines Agency’s headquarters (Canary Wharf v European Medicines Agency)

The following Banking & Finance news provides comprehensive and up to date legal information on Brexit found not to frustrate lease of European Medicines Agency’s headquarters (Canary Wharf v European Medicines Agency)

Featured Property Disputes content

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

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...

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....

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...

Practice notes

Void contracts

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...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

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...

9th Nov

Practice notes

Notice to complete

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

9th Nov

COVID-19

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

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...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

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...

9th Nov

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...

9th Nov

Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

In-house

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

9th Nov

Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

9th Nov

Most recent Rent and rates content

Practice notes

The Upper Tribunal (Lands Chamber)—practice and procedure

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

19th Jan

COVID-19

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...

19th Jan

COVID-19

Practice notes

Summary judgment—principles of approach

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Third party claims in respect of controlled or executed goods

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Practice notes

Taking control of goods—court applications regarding fees

Where do I find information about fees recoverable by enforcement agents?The power and process to seize a judgment debtor's goods and sell them to...

18th Jan

Practice notes

Expert determination

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...

Produced in partnership with 4 Pump Court 18th Jan

Practice notes

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

This Practice Note considers how a debtor whose goods have been taken control of or executed against can bring an application claiming that the goods...

18th Jan

Practice notes

Claiming interest

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

In-house

Practice notes

National non-domestic rates—valuation and appeals

As a tax on property, rates have existed in some form since 1601. The framework currently in place was largely established by the Local Government...

Produced in partnership with Alan Murdie of Council Tax Legal Services 16th Jan

Practice notes

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

STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose...

Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 15th Jan

Practice notes

Rent deposit deed—effect of insolvency

Stop pressThis content is affected by the Companies etc (Filing Requirements) (Temporary Modifications) Regulations 2020, SI 2020/645, which came into...

Produced in partnership with Robert Hantusch of Three Stone 15th Jan

Practice notes

County Court money claims—how and where to issue

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

15th Jan

Precedents

Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims

[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of debtor][Name of debtor’s solicitors][Address line 1][Address line...

15th Jan

COVID-19

In-house

Precedents

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 1][Address line 2][Postcode][Date]Dear...

15th Jan

COVID-19

In-house

Practice notes

Recovering rent arrears

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

15th Jan

COVID-19

In-house

Practice notes

Rent review—disregarding improvements

What is an improvement?By analogy with cases under section 19 of the Landlord and Tenant Act 1927, an alteration that:•goes beyond repair, and•from...

15th Jan

Practice notes

Former tenants, guarantors and overriding leases

The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge...

15th Jan

COVID-19

Practice notes

Rent review—onerous provisions

Points scored and gloated over when negotiating a lease can bite back when the rent comes up for review. In a weak market, the presence of onerous...

15th Jan

Practice notes

Rent deposit deeds—key drafting points

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....

15th Jan

Practice notes

Turnover provisions and setting and obtaining metrics from the tenant

A turnover rent (also known as a percentage rent) is a rent that varies depending on the amount of trade which is achieved at the premises that have...

15th Jan